McKensey v. Edwards
Court of Appeals of Kentucky
Case 44 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. Such an obligation as that sued on is the personal joint and several undertaking of those signing.
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Case 44 — PETITION ORDINARY — APPEAL FROM OWEN CIRCUIT COURT. 1. Such an obligation as that sued on is the personal joint and several undertaking of those signing. (Frank v. Roberts, &o., 1 B. M., 204; Pack v. White, 78 Ky., 243.) .2. Such an obligation imports no undertaking to pay on the part of the company, and in order to recover against the company, it would be necessary to aver and prove that the undertaking was for the use and benefit of the company, and that by mutual mistake the writing was executed and signed by the obligors as individuals. (Yowell v. Dodd, 3 Bush, 582.) The…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, R. McKensey, as the assignee of the *273obligation, seeks to obtain a personal judgment upon this note:
“ Jonesville, Ky., Aug. 12, 1879.
“The directors of the Jonesville and Glencoe Turnpike Road promise to pay to Andrew Hearne two hundred dollars, this note bearing ten per cent, until paid.
J. W. Edwards,
G. W. Herndon,
Joseph Brock;,
J. L. Green,
Lemuel Beatty,
John McKensey.”
The petition is in the usual form when based upon a promissory note. A demurrer was sustained to it, and the action dismissed upon the ground that the writing is the…
2Cases cited3 opinions
- Whitney v. SudduthCourt of Appeals of Kentucky · 1863
- Pack v. WhiteCourt of Appeals of Kentucky · 1880
- Yowell v. DoddCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- James v. StokesCourt of Appeals of Kentucky · 1924
- Garrett v. Belmont Land Co.Tennessee Supreme Court · 1895
- Jarski v. JonesNorth Dakota Supreme Court · 1924