Moreland's Admr. v. Citizens' National Bank
Court of Appeals of Kentucky
Case 63 — Action by Citizens’ .Savings Bank against J'. P. More-land's Admr. and Others on a Bill oe Exchange. — Jan. 21. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment fob Plaintiff and Defendants Appeal. The bill sued on in this case was payable in 180 days, and in order to avoid the effect of the demand and protest for non-payment, the court below has interpolated in the bill the words “after date.”
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Case 63 — Action by Citizens’ .Savings Bank against J'. P. More-land's Admr. and Others on a Bill oe Exchange. — Jan. 21. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment fob Plaintiff and Defendants Appeal. The bill sued on in this case was payable in 180 days, and in order to avoid the effect of the demand and protest for non-payment, the court below has interpolated in the bill the words “after date.” We perceive no reason for adding to the obligation of this commercial paper, words not inserted by the parties to it. There is no ambiguity in the writing and a plain note payable in 180 days must…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
— Affirming.
The issue herein arises over certain bills of exchange. There is no issue as to the drawing, acceptance, and indorsement of them. In this action it is sought to hold the accommodation drawer and indorser responsible on them. The payment is sought.to be avoided by the drawer and indorser of same on the grounds that the law was not observed in noting protest, giving notice of protest, and writing the instruments of protest by the notaries public. Two of the bills over which there is a controversy are for $5,000 each, one for $3,685, one for…
2Cases cited1 opinion
- Callahan v. Bank of KentuckyCourt of Appeals of Kentucky · 1884
3Cited by3 opinions
- Boswell's v. Senn's Admr.Court of Appeals of Kentucky · 1920
- First Nat. Bank of Pikeville v. VarneyCourt of Appeals of Kentucky (pre-1976) · 1939
- State ex rel. Hainsworth v. ShannonMissouri Court of Appeals · 1908