balance claim (Kentucky) · Go Syfert
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balance claim in Kentucky

5 Kentucky opinions name it 3 courts 1900–2015 0 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Moore v. Gas and Electric Shopgreen
kyctapphigh · 1926 · cited in 1 Kentucky opinions naming this issue, 1985–1985
2 sentences

1985See also Moore v. Gas and Electric Shop, 216 Ky. 530 , 287 S.W. 979 (1926).

1985See also Moore v. Gas and Electric Shop, 216 Ky. 530 , 287 S.W. 979 (1926).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
McKane v. Durston green
scotus · 1894
2 sentences

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

12015–2015
Patterson v. New York green
scotus · 1977
2 sentences

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

12015–2015
Martin v. Ohio green
scotus · 1987
2 sentences

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

2015McKane v. Durston, 153 U.S. 684, 688 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894) (explaining that while “in most1 of the states of the Union a defendant convicted of a criminal charge other than murder has the right ... to give bail pending ... appeal,” that fact does not make that right “a necessary element of due process of law.”); Medina v. California, supra; Martin v. Ohio, 480 U.S. 228, 232 , 107 S.Ct. 1098 , 94 L.Ed.2d 267 (1987) (observing that “ ‘the fact that a majority of the States have now assumed the burden of disproving affirmative defenses — for whatever reasons — [does not] mean that

12015–2015
Gulf Oil Corp. v. Gilbert red
scotus · 1947
2 sentences

2009Unless the balance of these factors strongly favors the alternative forum, “the plaintiffs choice of forum should rarely be disturbed.” Id. 330 U.S. at 508 , 67 S.Ct. at 843 .

2009Unless the balance of these factors strongly favors the alternative forum, “the plaintiffs choice of forum should rarely be disturbed.” Id. 330 U.S. at 508 , 67 S.Ct. at 843 .

12009–2009
Wells v. Thomas neutral
kyctapphigh · 1925
2 sentences

1935In Wells v. Thomas, 210 Ky. 785 , 276 S. W. 840 , it is said: “When there is a controversy and a settlement is made by which the debtor pays something he does not admit he owes, the agreement to accept the sum paid in full of the whole account is based upon a valid consideration. > But where the debtor only pays what it is admitted he owes, there is no consideration for the agreement to release the balance of the claim.” *446 In the recent case of People’s State Bank v. McDermott, 251 Ky. 140 , 64 S. W. (2d) 484, 485 , it appears that a compromise settlement was asserted as a defense in an act

1935In Wells v. Thomas, 210 Ky. 785 , 276 S. W. 840 , it is said: “When there is a controversy and a settlement is made by which the debtor pays something he does not admit he owes, the agreement to accept the sum paid in full of the whole account is based upon a valid consideration. > But where the debtor only pays what it is admitted he owes, there is no consideration for the agreement to release the balance of the claim.” *446 In the recent case of People’s State Bank v. McDermott, 251 Ky. 140 , 64 S. W. (2d) 484, 485 , it appears that a compromise settlement was asserted as a defense in an act

11935–1935
Forsythe v. Rexroat green
kyctapphigh · 1929
2 sentences

1935That rule is also bottomed upon the principle that there is no consideration for such an agreement.” See, also, Fenwick v. Phillips, 60 Ky. (3 Metc.) 87, 88; Cox v. Adelsdorf, 51 S. W. 616 , 21 Ky. Law Rep. 421 ; and for an extensive citation and discussion of cases-bearing on the different phases of the law of compromise and settlement, see Forsythe v. Rexroat, 234 Ky. 173 , 27 S. W. (2d) 695 .

1935That rule is also bottomed upon the principle that there is no consideration for such an agreement.” See, also, Fenwick v. Phillips, 60 Ky. (3 Metc.) 87, 88; Cox v. Adelsdorf, 51 S. W. 616 , 21 Ky. Law Rep. 421 ; and for an extensive citation and discussion of cases-bearing on the different phases of the law of compromise and settlement, see Forsythe v. Rexroat, 234 Ky. 173 , 27 S. W. (2d) 695 .

11935–1935
People's State Bank of Frankfort v. McDermott neutral
kyctapphigh · 1933
2 sentences

1935In Wells v. Thomas, 210 Ky. 785 , 276 S. W. 840 , it is said: “When there is a controversy and a settlement is made by which the debtor pays something he does not admit he owes, the agreement to accept the sum paid in full of the whole account is based upon a valid consideration. > But where the debtor only pays what it is admitted he owes, there is no consideration for the agreement to release the balance of the claim.” *446 In the recent case of People’s State Bank v. McDermott, 251 Ky. 140 , 64 S. W. (2d) 484, 485 , it appears that a compromise settlement was asserted as a defense in an act

1935In Wells v. Thomas, 210 Ky. 785 , 276 S. W. 840 , it is said: “When there is a controversy and a settlement is made by which the debtor pays something he does not admit he owes, the agreement to accept the sum paid in full of the whole account is based upon a valid consideration. > But where the debtor only pays what it is admitted he owes, there is no consideration for the agreement to release the balance of the claim.” *446 In the recent case of People’s State Bank v. McDermott, 251 Ky. 140 , 64 S. W. (2d) 484, 485 , it appears that a compromise settlement was asserted as a defense in an act

11935–1935
Graves v. Lebanon National Bank green
kyctapp · 1873
1 sentence

1900The contention of the appellee is based on the principles announced in Graves v. Bank, 10 Bush, 23 .

11900–1900

Where else courts name it

IL 129 (1914–2026) TX 60 (1941–2025) NY 47 (1867–2026) PA 41 (1890–2023) CA 34 (1919–2025) MI 22 (1908–2023) NJ 22 (1886–2025) TN 19 (1969–2025) LA 18 (1920–2024) OH 15 (1894–2025) OR 13 (1911–2026) CT 13 (1887–2024) MD 11 (1987–2019) WA 10 (1916–2024) MA 8 (1931–2012) MO 8 (1897–2022) IN 7 (1936–2019) AL 7 (1876–2011) IA 7 (1860–2015) FL 7 (1984–2003) VT 6 (2013–2024) DC 6 (1957–2002) AK 6 (1979–2025) NM 6 (2007–2024) AZ 5 (1918–2019) MT 5 (1935–1999) KY 5 (1900–2015) NC 5 (1913–2026) RI 5 (2003–2004) WI 4 (1902–2021) ND 4 (1946–2000) GA 4 (1923–2025) WY 4 (1937–2003) DE 4 (2016–2025) NE 3 (1934–1975) KS 3 (1999–2021) MS 3 (1927–2007) CO 3 (1960–2016) ME 3 (1961–2025) AR 3 (1930–2025) WV 3 (1993–2021) SC 3 (1979–1987) VA 2 (1925–1978) OK 2 (1922–1929) SD 2 (1926–1983) HI 2 (1910–2017) UT 2 (1938–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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