Roberts v. Farmers' Bank
Court of Appeals of Kentucky
Case 10 — 'Action by Farmers’ Bank Against D. C. Roberts on a Note. APPEAL PROM CRITTENDEN CIRCUIT COURT-J. F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. 1. The holder of collateral paper, guilty of laches whereby the assignor is damaged, makes the paper his own, and he must account to the debtor for the sum, which he could have made by pursuing the maker of the paper with ordinary diligence.
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Case 10 — 'Action by Farmers’ Bank Against D. C. Roberts on a Note. APPEAL PROM CRITTENDEN CIRCUIT COURT-J. F. GORDON, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. 1. The holder of collateral paper, guilty of laches whereby the assignor is damaged, makes the paper his own, and he must account to the debtor for the sum, which he could have made by pursuing the maker of the paper with ordinary diligence. Shingler v. Hayden’s Adm’r., 8 R., 859 to 865. 2. Ordinary diligence in collecting, collateral securities is to file suit on the note, obtain judgment, and have execution issued…
1Opinion of the Court
OPINION or the couRT bt
JUDGE BARKER
Reversing.
'This action was instituted by the Farmers’ Bank for the purpose of recovering judgment against D. C. Roberts on a note for the sum of $220, executed and delivered to it by him, and by which he agreed and promised to pay to it the principal, with interest, sixty days after its date. As a- defense appellant alleged substantially the following facts as a counterclaim against appellee:
That at the time he executed and delivered the note sued on ¡he assigned to appellee, as collateral security a note of S. O. Knight and D. C. Griffith for the sum of…
2Cases cited4 opinions
- Slevin v. MorrowIndiana Supreme Court · 1853
- Noland v. ClarkCourt of Appeals of Kentucky · 1850
- Bonta v. CurryCourt of Appeals of Kentucky · 1868
- Sanford v. LowenthalCourt of Appeals of Kentucky · 1880
3Cited by5 opinions
- Coca Cola Bottling Co. of Flagstaff v. JonesArizona Supreme Court · 1952
- Charles I. Hudson & Co. v. WoodCourt of Appeals of Kentucky · 1919
- Varden v. First Christian ChurchDistrict Court, E.D. Kentucky · 1936
- Sanford v. LowenthalCourt of Appeals of Kentucky · 1880
- Erlanger Citizens Bank v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1941