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3 Ky. Op. 630

Hogan v. Hogan

Court of Appeals of Kentucky

Decided June 23, 1868

Court of Appeals of Kentucky · decided 1868-06-23

<p>Gifts — Gratuitous Promise.</p> <p>The alleged promise by appellee to appellant to give him all he could make by attending to the suit was gratuitous and could not be enforced.</p>

Decided 1868-06-23

¶1Opinion of the Court by

Judge Robertson:

¶2It being equally the duty of each partner to attend to the collection of the Herrigan debt the alleged promise by the appellee to the appellant to give him all he could make by attending to the suit for it, was gratituous and could not be enforced.

¶3The circuit court therefore did not err in either instructing or refusing to instruct the jury.

¶4And therefore, the credits claimed by the appellant having been conceded, the verdict was authorized by the law and the facts.

¶5Wherefore the judgment is affirmed.

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