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COMMONWEALTH v. HERRELL

374 S.W.2d 834 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF MILITARY AFFAIRS, Appellant, v. J. T. HERRELL, Appellee.

Court of Appeals of Kentucky.

January 24, 1964.

Attorney(s) appearing for the Case

Robert L. Montague, III, Frankfort, for appellant.

Joseph K. Beasley, Harlan, Joseph J. Leary, Marion Rider, Frankfort, for appellee.

DAVIS, Commissioner.

The Commonwealth of Kentucky and the Department of Military Affairs sued J. T. Herrell in the Franklin Circuit Court seeking recovery of $28,809, allegedly obtained by Herrell from 88 veterans who assigned their bonus claims to him. The bonus claims in question arose pursuant to the provisions of KRS Ch. 40. The complaint as amended was dismissed by the trial court on the grounds (1) that the Commonwealth and the Department of Military Affairs...

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