Second Nat. Bank v. Ferguson
Court of Appeals of Kentucky
Case 56 — Action by A. S. Ferguson v. Second National Bank op Ashland to Recover fob Notarial Fees, Plaintiff Being Cashier oe Said Bank. — Jan. 13. APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DISCUSSED AND AUTHORITIES.
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Case 56 — Action by A. S. Ferguson v. Second National Bank op Ashland to Recover fob Notarial Fees, Plaintiff Being Cashier oe Said Bank. — Jan. 13. APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DISCUSSED AND AUTHORITIES. The verdict is flagrantly against the evidence and new trial should be granted because the jury did not find for appellant under instruction No. 2. No one can use a void contract as a means of getting better terms than he could have claimed under it. One who makes a contract vicious and invalid as against public policy in respcet of his…
1Opinion of the Court
*518Opinion op the court by
JUDGE HOBSON
— Reversing.
For several years previous to July 18, 1893, appellee was individual bookkeeper for appellant at .a salary of $50 a month. He was also a notary public, and received the fees for making protests. On that day the bank reduced 'the salary of all its officers, and by a resolution of the directors it was provided that “the salary of the individual bookkeeper be fixed at the rate of $600 per annum, and he shall make all protests free of charge.” Immediately after the adjournment of the board, he was notified of its action, and went to see them. All of…
2Cases cited3 opinions
- City of Lexington v. RennickCourt of Appeals of Kentucky · 1899
- Field v. ChipleyCourt of Appeals of Kentucky · 1881
- Holt v. ThurmanCourt of Appeals of Kentucky · 1901
3Cited by16 opinions
- City of Louisville v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1935
- Steele v. City of ChattanoogaCourt of Appeals of Tennessee · 1935
- Wright v. Village of WilderIdaho Supreme Court · 1941
- City of Winchester v. AzbillCourt of Appeals of Kentucky (pre-1976) · 1928
- Carter v. JettCourt of Appeals of Tennessee · 1963
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