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Deaton v. Hale

5 Citing cases

  1. Thomas v. Hodge

    897 F. Supp. 980 (W.D. Ky. 1995)   Cited 7 times

    Once agency is established, and proof is introduced showing that the principal's property was in the hands of the agent, the agent must render an accounting to explain the disposition of any and all property, real or personal, that is received by the agent from or for his principal. Deaton v. Hale, 592 S.W.2d 127, 130 (Ky. 1979). The right of a principal to require an accounting of his agent is elementary, and absent a contrary agreement, there is no discretion as to whether an accounting may be required.

  2. Ramsey v. Dapple Stud, LLC

    No. 2023-SC-0568-DG (Ky. Oct. 24, 2024)

    Because Dapple Stud was the consigning agent for Ramsey and Hickstead, it follows as a matter of agency law, that it had fiduciary obligations towards its principals. See Deaton v. Hale, 592 S.W.2d 127, 130 (Ky. 1979); Chernick v. Fasig-Tipton Ky., Inc., 703 S.W.2d 885, 889-90 (Ky. App. 1986); see also Zaki Kulaibee Establishment v. McFliker, 771 F.3d 1301, 1312 (11th Cir. 2014) (recognizing consignor's fiduciary obligations)

  3. Wabner v. Black

    7 S.W.3d 379 (Ky. 1999)   Cited 18 times
    Explaining there was no question whether the defendant had the "full power" to redesignate the ownership of her uncle's accounts, even to herself, through a general durable power of attorney; rather, the question was whether the redesignation was "attended by the utmost good faith" and propriety

    In so holding, the Court stated: Ky., 592 S.W.2d 127 (1979). An attorney-in-fact, one acting under a Power of Attorney, must account for any and all property, real or personal, that is received by him from or for his principal.

  4. Priestley v. Priestley

    949 S.W.2d 594 (Ky. 1997)   Cited 37 times
    Holding that "[s]o long as an appellate court confines itself to the record, no rule of court or constitutional provision prevents it from deciding an issue not presented by the parties"

    " In our view, the proper standard of conduct is set forth in Deaton v. Hale, Ky., 592 S.W.2d 127 (1979), which requires of an agent the utmost good faith. See also Dunn v. Kramer, 306 Ky. 377, 208 S.W.2d 41 (1948).

  5. Ingram v. Cates

    74 S.W.3d 783 (Ky. Ct. App. 2002)   Cited 25 times
    Determining that POA at issue in case did not confer authority upon attorney-in-fact to enter into ADR agreement where POA specified that authority was limited to financial, real estate and health care decisions

    Citing Deaton v. Hale, the court in Wabner explained the burden on the attorney-in-fact: Ky., 592 S.W.2d 127 (1979). An attorney-in-fact, one acting under a Power of Attorney, must account for any and all property, real or personal, that is received by him from or for his principal.