Tbe rule in Kentucky

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1945After stating tbe rule, supra, we said: “In this case, tbe property being (an automobile truck, tbe criterion is the reasonable net rental value upon tbe market in Louisville of tbe truck in question, or of other trucks of like capacity and equal performance; tbe lessee furnishing driver and bearing all such other expenses as tbe owner himself would have to bear in tbe operation of bis own car.” Tbe rule in tbe above case was quoted with approval in Towles v. Perkins, 266 Ky. 25 , 98 S. W. 2d 27, 28 , We found in the first named case tbe evidence adduced *560 to have been incompetent.

1945After stating tbe rule, supra, we said: “In this case, tbe property being (an automobile truck, tbe criterion is the reasonable net rental value upon tbe market in Louisville of tbe truck in question, or of other trucks of like capacity and equal performance; tbe lessee furnishing driver and bearing all such other expenses as tbe owner himself would have to bear in tbe operation of bis own car.” Tbe rule in tbe above case was quoted with approval in Towles v. Perkins, 266 Ky. 25 , 98 S. W. 2d 27, 28 , We found in the first named case tbe evidence adduced *560 to have been incompetent.

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1945Ward v. Curry’s Ex’r, 297 Ky. 420 , 180 S. W. 2d 305 ; Hardin v. Sberley, 292 Ky. 275 , 166 S. W. 2d 425 ; Medcalf v. Wbitely’s Adm’x, 290 Ky. 94 , 160 S. W. 2d 348 , 140 A. L.

1943In Kavinedus et al. v. Maglia et al., 264 Ky. 276 , 94 S. W. (2d) 675, 680 , tbe rule is stated: “Tbe rule of law is well settled that tbe status of a pledgee, acquiring under such circumstances a special interest in tbe pledged collateral as such, is that of a purchaser for value, of tbe note and holds the same free from tbe equities or claims of a third person in tbe note, where he'has, before its maturity, made blank indorsement of bis interest in tbe note to pledgor. *830 “The applicable rule as to this is thus stated in 21 R.

1943In Kavinedus et al. v. Maglia et al., 264 Ky. 276 , 94 S. W. (2d) 675, 680 , tbe rule is stated: “Tbe rule of law is well settled that tbe status of a pledgee, acquiring under such circumstances a special interest in tbe pledged collateral as such, is that of a purchaser for value, of tbe note and holds the same free from tbe equities or claims of a third person in tbe note, where he'has, before its maturity, made blank indorsement of bis interest in tbe note to pledgor. *830 “The applicable rule as to this is thus stated in 21 R.

1941Young v. Wooden, 204 Ky. 694 , 265 S. W. 24 ; Blackburn v. Commonwealth, 202 Ky. 751 , 261 S. W. 277 .

1941Young v. Wooden, 204 Ky. 694 , 265 S. W. 24 ; Blackburn v. Commonwealth, 202 Ky. 751 , 261 S. W. 277 .

1941Young v. Wooden, 204 Ky. 694 , 265 S. W. 24 ; Blackburn v. Commonwealth, 202 Ky. 751 , 261 S. W. 277 .

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936Tbe doctrine applies, only where the relationship of master and servant *744 exists at the time and in respect to the thing causing the injury, and from which it arose (Tilburne v. Burton, 86 Cal. App. 627 , 261 P. 334 ; Martin v. Greensboro-Fayetteville Bus Line, 197 N. C. 720 , 150 S. E. 501 ; Kennedy v. Wolf, 221 Ky. 111 , 298 S. W. 188 ), and then only when the one sought to be charged has some right in some way to control the conduct of the party having caused the injury (Trachtenberg v. Castillo [Tex. Civ.

1936App.] 257 S. W. 657 ). * * * “A salesman * * * or other person who is his own master in respect to the time he shall devote to the business of the employer, such as soliciting or making sales, using his own automobile or other vehicle, or the vehicle of another, in the pursuit of the employer’s business, but the employer is without right to direct the manner in' which he shall control its use.

1933Tbe subject has been recently considered in Thompson v. City of Williamsburg, 229 Ky. 81 , 16 S. W. (2d) 772 ; Garrard v. Kinder, 230 Ky. 176 , 18 S. W. (2d) 1013 ; E.

1933Tbe subject has been recently considered in Thompson v. City of Williamsburg, 229 Ky. 81 , 16 S. W. (2d) 772 ; Garrard v. Kinder, 230 Ky. 176 , 18 S. W. (2d) 1013 ; E.

1933Carey-Reed Co. v. Hart, 238 Ky. 391 , 38 S. W. (2d) 261 .

1933Carey-Reed Co. v. Hart, 238 Ky. 391 , 38 S. W. (2d) 261 .

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe subject has been recently considered in Thompson v. City of Williamsburg, 229 Ky. 81 , 16 S. W. (2d) 772 ; Garrard v. Kinder, 230 Ky. 176 , 18 S. W. (2d) 1013 ; E.

1933Tbe subject has been recently considered in Thompson v. City of Williamsburg, 229 Ky. 81 , 16 S. W. (2d) 772 ; Garrard v. Kinder, 230 Ky. 176 , 18 S. W. (2d) 1013 ; E.

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Finley v. Rose, 165 Ky. 408 , 177 S. W. 433 .

1933Finley v. Rose, 165 Ky. 408 , 177 S. W. 433 .

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1933Tbe defendants in their answer and counterclaim raise tbe question as to tbe correct location on tbe ground of tbe aforesaid Isbam Stamper 12,000-acre patent No. 10899, but we consider such contention clearly ineffectual as tbe location of this Stamper patent bas several times been contested and uniformly, when brought before this court, its location bas been adjudicated and definitely fixed in accordance with tbe claim of plaintiff as here made and as was again just so decided in tbe companion Beatty Case, supra. See, also, Kentucky Union Co. v. Gilliam, 235 Ky. 316 , 31 S. W. (2d) 388 ; Kent

1932Gnau v. Ackerman, 166 Ky. 258 , 179 S. W. 217 ; Hippodrome Amusement Company v. Carius, 175 Ky. 783 , 195 S. W. 113 , L.

1932Gnau v. Ackerman, 166 Ky. 258 , 179 S. W. 217 ; Hippodrome Amusement Company v. Carius, 175 Ky. 783 , 195 S. W. 113 , L.

1932Gnau v. Ackerman, 166 Ky. 258 , 179 S. W. 217 ; Hippodrome Amusement Company v. Carius, 175 Ky. 783 , 195 S. W. 113 , L.

1932Gnau v. Ackerman, 166 Ky. 258 , 179 S. W. 217 ; Hippodrome Amusement Company v. Carius, 175 Ky. 783 , 195 S. W. 113 , L.

1929Benefit Ass’n v. Heckman, 86 Ky. 254 , 5 S. W. 565 , 9 Ky. Law Rep. 525 , we had substantially the same question, and we said: “It is a universal rule that a written contract must contain all the essential terms of the contract; *643 and that a verbal agreement appertaining to tbe subject-matter of tbe written contract, made before or at tbe time of tbe written contract and not embraced therein, is not admissible for tbe purpose of restricting, enlarging, or in any way varying tbe terms of tbe written contract.” ■ Tbe error of tbe court in refusing to exclude tbe evidence of McIntosh relative

1929Benefit Ass’n v. Heckman, 86 Ky. 254 , 5 S. W. 565 , 9 Ky. Law Rep. 525 , we had substantially the same question, and we said: “It is a universal rule that a written contract must contain all the essential terms of the contract; *643 and that a verbal agreement appertaining to tbe subject-matter of tbe written contract, made before or at tbe time of tbe written contract and not embraced therein, is not admissible for tbe purpose of restricting, enlarging, or in any way varying tbe terms of tbe written contract.” ■ Tbe error of tbe court in refusing to exclude tbe evidence of McIntosh relative

1928Dallas v. First National Bank, 200 Ky. 826 , 255 S. W. 835 ; Dallas v. Gardner, 207 *392 Ky. 93, 268 S. W. 847 .

1928Dallas v. First National Bank, 200 Ky. 826 , 255 S. W. 835 ; Dallas v. Gardner, 207 *392 Ky. 93, 268 S. W. 847 .

1928Dallas v. First National Bank, 200 Ky. 826 , 255 S. W. 835 ; Dallas v. Gardner, 207 *392 Ky. 93, 268 S. W. 847 .

1927In Commonwealth v. Day, 138 Mass. 186 , defendants were in-dieted charged with having in their possession tools used 'by burglars with intent to use them in committing burglary, and evidence was introduced tending to prove that burglaries had been committed by them on two occasions before the time of the offense for which *809 they were on trial, and, in holding tbe evidence competent, the- court said: ‘ ‘ So evidence that tbe defendants bad twice used tbe same or similar tools and implements in tbe commission of burglaries, once ten days and once about five months before tbe time of tbe offen

1927In Commonwealth v. Day, 138 Mass. 186 , defendants were in-dieted charged with having in their possession tools used 'by burglars with intent to use them in committing burglary, and evidence was introduced tending to prove that burglaries had been committed by them on two occasions before the time of the offense for which *809 they were on trial, and, in holding tbe evidence competent, the- court said: ‘ ‘ So evidence that tbe defendants bad twice used tbe same or similar tools and implements in tbe commission of burglaries, once ten days and once about five months before tbe time of tbe offen

1927In Commonwealth v. Day, 138 Mass. 186 , defendants were in-dieted charged with having in their possession tools used 'by burglars with intent to use them in committing burglary, and evidence was introduced tending to prove that burglaries had been committed by them on two occasions before the time of the offense for which *809 they were on trial, and, in holding tbe evidence competent, the- court said: ‘ ‘ So evidence that tbe defendants bad twice used tbe same or similar tools and implements in tbe commission of burglaries, once ten days and once about five months before tbe time of tbe offen

1924Smith’s Admr. v. Middlesboro Electric Co., 164 Ky. 46 ; Louisville Gas Company v. Beaucond, 188 Ky. 725 .

1924Smith’s Admr. v. Middlesboro Electric Co., 164 Ky. 46 ; Louisville Gas Company v. Beaucond, 188 Ky. 725 .

1922Co., 153 Ky. 101 ; Paducah Pole and Timber Co. v. Brockwell, 161 Ky. 424 ; Jaegar v. City of Newport, 155 Ky. 110 ; Varney v. City of Covington, 155 Ky. 662 .) Tbe motion for an appeal is allowed and tbe judgment is reversed for proceedings not inconsistent with this opinion.