Sebree Deposit Bank v. Moreland
Court of Appeals of Kentucky
Case 27 — PETITION ORDINARY — APPEAL FROM DAVEISS CIRCUIT COURT. 1.Verbal notice of tbe dishonor of a bill is sufficient to bind the parties. (Daniel on Negotiable Instruments, vol. 2, sec. 972; Story on Bills •of Exchange, sec. 300.) It is not necessary that the holder should give notice, but the parties may give notice to those behind.
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Case 27 — PETITION ORDINARY — APPEAL FROM DAVEISS CIRCUIT COURT. 1.Verbal notice of tbe dishonor of a bill is sufficient to bind the parties. (Daniel on Negotiable Instruments, vol. 2, sec. 972; Story on Bills •of Exchange, sec. 300.) It is not necessary that the holder should give notice, but the parties may give notice to those behind. (Daniel on Negotiable Instruments, vol. 2, secs. 987-90; Story on Bills of Exchange, sec. 294.) '2. Appellees knowing before the maturity of the bill that the acceptor would not pay, the want of proper notice could not affect them. (Daniel on Negotiable…
1Opinion of the Court
(JUDGE PRKOti
DELIVERED THE OPINION OF THE COURT.
This case went off on the pleadings, the court below sustaining a demurrer to the reply of the plaintiff, and the latter failing to amend or plead further, a judgment was rendered for the defendants.
The action is based on a negotiable note for four thousand dollars, drawn by the appellee J. P. More-land on S. P. Walden, in favor of J. H. Hickman (another appellee), and made payable at the SebreeDeposit Bank. The paper was indorsed by Hickman and discounted by the bank, and the proceeds placed to the credit of the acceptor, Walden, the paper…
2Cases cited3 opinions
- Yeager v. FarwellSupreme Court of the United States · 1871
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Lawrence v. RalstonCourt of Appeals of Kentucky · 1813
3Cited by4 opinions
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Young v. Exchange BankCourt of Appeals of Kentucky · 1913
- Mary Couts Burnett Trust v. SamuelsCourt of Appeals of Texas · 1933
- Dotson v. OwsleyCourt of Appeals of Kentucky · 1911