Legal Opinion

Gray Tie & Lumber Co. v. Farmers' Bank

Court of Appeals of Kentucky

Decided January 30, 1901PublishedCited by 7 opinions

Case 101 — Action on an Alleged Bill of Exchange APPEAL FKOM EDMONSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.. POINTS AND CITATIONS. 1. A bill drawn by a corporation on itself has the effect of a promissory note. 1 Parson on Notes and Bills (1st ed.), 288; 4 Thompson on Corporations, sec. 5124; Stafford v. Bratcher, 4 Ky. Law Rep., 996. 2. Defendant can not be held as drawer upon a draft signed by its agent in his own name.

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Case 101 — Action on an Alleged Bill of Exchange APPEAL FKOM EDMONSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.. POINTS AND CITATIONS. 1. A bill drawn by a corporation on itself has the effect of a promissory note. 1 Parson on Notes and Bills (1st ed.), 288; 4 Thompson on Corporations, sec. 5124; Stafford v. Bratcher, 4 Ky. Law Rep., 996. 2. Defendant can not be held as drawer upon a draft signed by its agent in his own name. Wedekind & Co. v. Kennedy (Superior Court), 11 Ky. Law Rep., 256; Brown v. Parker, 7 Allen (Mass.), 337; Manufacturers & Traders’ Bank v. Love, 13…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Reversing.

Tbe appellant’ is a citizen oí Illinois, with its principal place of business at Evansville, Ind. Appellee is a pri*697vate banking Ann in Kentucky. Appellant was sued by-appellee upon the following draft:

“Cedar Blufí Mills1, Kentucky.

$1,500.00. May 21st, 1898.

“At sight, pay to the order of1 J. H. Flora fifteen hundred dollars, in full payment fon—

-1st class ties.

-1st class ties.

The Old Dominion Bank of Evansville, Ind. No.-.

2d class ties.

2d class ties.

—Which I have this day inspected, and received from J. H. Flora. - advanced on ties in woods. Names…

2Cases cited3 opinions

  1. Goshen National Bank v. BinghamNew York Court of Appeals · 1890
  2. Farmers' Bank v. EwingCourt of Appeals of Kentucky · 1880
  3. Smith v. LockridgeCourt of Appeals of Kentucky · 1871

3Cited by7 opinions

  1. First National Bank v. Home InsuranceNew Mexico Supreme Court · 1911
  2. Steere v. Stockyards Nat. BankCourt of Appeals of Texas · 1921
  3. Watauga County Bank v. McQueenTennessee Supreme Court · 1914
  4. Moseley v. Selma National BankAlabama Court of Appeals · 1911
  5. Hyland's Estate v. Foote's EstateSupreme Court of Vermont · 1933

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