Callahan v. Louisville Dry Goods Co.

Opinion of the Court by

Judge Passing

Affirming.

Plaintiff instituted its suit in the Jefferson circuit court, wherein it sought to recover of the defendant, Ed. Callahan, $752.68, with interest from March 1, 1907, on a promissory note which had been executed by defendants to the Grauman-Henchey-Cross Company, and which had been transferred by the latter company to plaintiff. Defendant pleaded, by way of abatement, the pendency of another suit in the Breathitt circuit court, wherein a recovery was sought against him on the same note. In its reply the plaintiff denied the pendency of said suit in…