Legal Opinion

Bank One, Pikeville v. Commonwealth, Natural Resources & Environmental Protection Cabinet

Court of Appeals of Kentucky

Decided July 14, 1995No. 94-CA-1325-MRPublishedCited by 4 opinions

1Opinion of the Court

JOHNSTONE, Judge.

Bank One of Pikeville appeals from a Franklin Circuit Court order finding that Bank One failed to effectuate a set-off, and granting the Natural Resources and Environmental Protection Cabinet’s motion to compel payment of a garnishment. While we disagree with the circuit court’s reasoning, we nevertheless agree that it reached the correct result. Consequently, we affirm.

On August 3, 1984, Preece Coal Company, Inc., purchased a certificate of deposit from Bank One’s predecessor1 in the amount of $26,500. Preece purchased the CD as a surface mining reclamation bond with the…

2Cases cited13 opinions

  1. Morganfield National Bank v. Damien Elder & SonsKentucky Supreme Court · 1992
  2. Ginsberg v. GoldsteinDistrict Court of Appeal of Florida · 1981
  3. Lutz v. WilliamsWest Virginia Supreme Court · 1917
  4. Masonic Savings Bank v. Bangs' Adm'rCourt of Appeals of Kentucky · 1886
  5. Iowa Mutual Liability Insurance v. De La HuntSupreme Court of Iowa · 1923

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3Cited by4 opinions

  1. Brown v. CommonwealthCourt of Appeals of Kentucky · 1999
  2. Acuity, a Mutual Insurance v. Planters Bank, Inc.District Court, W.D. Kentucky · 2005
  3. Meeks v. EllisCourt of Appeals of Kentucky · 1999
  4. Yvonne T. Pfanenstiel v. Steven W. Geary, as of the Last Will and Testament of the Estate of Joyce E. GearyCourt of Appeals of Kentucky · 2022

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