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10 Kentucky opinions name it 3 courts 1916–2019 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.
| Case | Followed | Cited |
|---|---|---|
Toppass v. Perkins' Administratrixgreen2 sentences1959See Toppass v. Perkins's Adm’x, 268 Ky. 186 , 104 S.W.2d 423 . 1959See Toppass v. Perkins's Adm’x, 268 Ky. 186 , 104 S.W.2d 423 . | 1 | 2 |
Curtis v. Belden Electronic Wire & Cablegreen2 sentences2008We granted limited discretionary review of the opinion of the Court of Appeals, which, on remand, directed the trial court to follow the guidelines set out in Curtis v. Belden Electronic Wire and Cable, a Div. of Cooper Industries, Inc., 760 S.W.2d 97, 98 (Ky.App.1988), to the effect that the remedy for a breach of a release and waiver of a statutory right is “an original action or counterclaim for recovery of damages incurred as a result of the breach,” rather than the dismissal of the statutory action. 2008Id. | 1 | 1 |
Steelvest, Inc. v. Scansteel Service Center, Inc.green2 sentences2007See CR 56.03; Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476, 480 (Ky.1991). 2007See CR 56.03; Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476, 480 (Ky.1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Teater v. KENTUCKY BAR ASS'N
green
1 sentence2019Bennett must furnish a release and waiver to the Office of Bar Counsel to review his records in the CLE Department that might otherwise be confidential, with such release to continue in effect for one year after completion of the remedial education to allow the 11 Id. at 350-51 . 6 Office of Bar Counsel to verify he has not reported to the CLE Commission the hours he has taken as remedial education. 3. | 1 | 2019–2019 |
Yellow Poplar Lumber Co. v. Rule
neutral
2 sentences1941Appellant’s counsel concede the rule of law to be as stated above, but contend: Í¿(1) Based on an additional- consideration, master and servant may make a contract for permanent employment. (2) And when such an agreement is made it gives to the servant an option growing out of the original consideration. (3) This extra consideration may be the release of a claim for injuries, but may, as in the Carnig case, be founded on some other proper consideration.” In support of these contentions, appellant’s counsel rely' principally upon the cases of Yellow Poplar Lumber Company v. Rule, 106 Ky. 455 , 1941Appellant’s counsel concede the rule of law to be as stated above, but contend: Í¿(1) Based on an additional- consideration, master and servant may make a contract for permanent employment. (2) And when such an agreement is made it gives to the servant an option growing out of the original consideration. (3) This extra consideration may be the release of a claim for injuries, but may, as in the Carnig case, be founded on some other proper consideration.” In support of these contentions, appellant’s counsel rely' principally upon the cases of Yellow Poplar Lumber Company v. Rule, 106 Ky. 455 , | 1 | 1941–1941 |
Kelly v. Peter & Burghard Stone Co.
neutral
2 sentences1941Appellant’s counsel concede the rule of law to be as stated above, but contend: Í¿(1) Based on an additional- consideration, master and servant may make a contract for permanent employment. (2) And when such an agreement is made it gives to the servant an option growing out of the original consideration. (3) This extra consideration may be the release of a claim for injuries, but may, as in the Carnig case, be founded on some other proper consideration.” In support of these contentions, appellant’s counsel rely' principally upon the cases of Yellow Poplar Lumber Company v. Rule, 106 Ky. 455 , 1941Appellant’s counsel concede the rule of law to be as stated above, but contend: Í¿(1) Based on an additional- consideration, master and servant may make a contract for permanent employment. (2) And when such an agreement is made it gives to the servant an option growing out of the original consideration. (3) This extra consideration may be the release of a claim for injuries, but may, as in the Carnig case, be founded on some other proper consideration.” In support of these contentions, appellant’s counsel rely' principally upon the cases of Yellow Poplar Lumber Company v. Rule, 106 Ky. 455 , | 1 | 1941–1941 |
Brotherhood of Railroad Trainmen v. Martin
neutral
2 sentences1937Brotherhood of Railroad Trainmen v. Martin, 256 Ky. 436 , 76 S. W. (2d) 269 . 1937Brotherhood of Railroad Trainmen v. Martin, 256 Ky. 436 , 76 S. W. (2d) 269 . | 1 | 1937–1937 |
Sweeney v. Adam Groth Co.
green
2 sentences1935A.) 49 F. (2d) 586, 589, it. was said:. *644 “Payment of an amount ooncededly due on one of two claims arising on separate promises in the same contract is not a good consideration for a release of a claim on the other.” In Sweeney v. Adam Groth Co., 269 Mich. 436 , 257 N. W. 855, 856 , the plaintiff indorsed and received the cash upon a check marked “Bal. in full com. 1935A.) 49 F. (2d) 586, 589, it. was said:. *644 “Payment of an amount ooncededly due on one of two claims arising on separate promises in the same contract is not a good consideration for a release of a claim on the other.” In Sweeney v. Adam Groth Co., 269 Mich. 436 , 257 N. W. 855, 856 , the plaintiff indorsed and received the cash upon a check marked “Bal. in full com. | 1 | 1935–1935 |
Paine v. Woolley
neutral
1 sentence1925The acceptance operates as, and may be pleaded as, a release of error.” These statements of the rule were quoted and approved in Madden v. Madden, 169 Ky. 367 , 183 S. W. 931 , and many cases cited in support thereof from other courts, as well as the following from this court: Paine v. Woolley, 80 Ky. 568 , 4 K. | 1 | 1925–1925 |
Madden v. Madden
green
2 sentences1925The acceptance operates as, and may be pleaded as, a release of error.” These statements of the rule were quoted and approved in Madden v. Madden, 169 Ky. 367 , 183 S. W. 931 , and many cases cited in support thereof from other courts, as well as the following from this court: Paine v. Woolley, 80 Ky. 568 , 4 K. 1925The acceptance operates as, and may be pleaded as, a release of error.” These statements of the rule were quoted and approved in Madden v. Madden, 169 Ky. 367 , 183 S. W. 931 , and many cases cited in support thereof from other courts, as well as the following from this court: Paine v. Woolley, 80 Ky. 568 , 4 K. | 1 | 1925–1925 |
Bennett v. . Van Syckel
neutral
1 sentence1916Co. v. Byington, 14 Iowa 572 , on this question it is said: “We think it is a correct rule of law and well settled by the authorities, that a party cannot accept the benefits of an adjudication and yet allege it to be erroneous.” And in the case of Waddingham v. Waddingham, 27 Mo. App. 607 , upon the same question it is said: “That a party should be heard to complain in this court of the imputed errors committed and wrongs done him by the trial court which lead to the judgment ap pealed from, when he has reaped and enjoyed the fruits of that judgment, strikes the plainest dictates of common se | 1 | 1916–1916 |
Cassell v. Fagin & Webster
neutral
1 sentence1916Co. v. Byington, 14 Iowa 572 , on this question it is said: “We think it is a correct rule of law and well settled by the authorities, that a party cannot accept the benefits of an adjudication and yet allege it to be erroneous.” And in the case of Waddingham v. Waddingham, 27 Mo. App. 607 , upon the same question it is said: “That a party should be heard to complain in this court of the imputed errors committed and wrongs done him by the trial court which lead to the judgment ap pealed from, when he has reaped and enjoyed the fruits of that judgment, strikes the plainest dictates of common se | 1 | 1916–1916 |
Ruckman v. Alwood
neutral
1 sentence1916Co. v. Byington, 14 Iowa 572 , on this question it is said: “We think it is a correct rule of law and well settled by the authorities, that a party cannot accept the benefits of an adjudication and yet allege it to be erroneous.” And in the case of Waddingham v. Waddingham, 27 Mo. App. 607 , upon the same question it is said: “That a party should be heard to complain in this court of the imputed errors committed and wrongs done him by the trial court which lead to the judgment ap pealed from, when he has reaped and enjoyed the fruits of that judgment, strikes the plainest dictates of common se | 1 | 1916–1916 |
Mississippi & Missouri Railroad v. Byington
neutral
1 sentence1916Co. v. Byington, 14 Iowa 572 , on this question it is said: “We think it is a correct rule of law and well settled by the authorities, that a party cannot accept the benefits of an adjudication and yet allege it to be erroneous.” And in the case of Waddingham v. Waddingham, 27 Mo. App. 607 , upon the same question it is said: “That a party should be heard to complain in this court of the imputed errors committed and wrongs done him by the trial court which lead to the judgment ap pealed from, when he has reaped and enjoyed the fruits of that judgment, strikes the plainest dictates of common se | 1 | 1916–1916 |
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.