Northern Bank v. Farmers' Nat. Bank
Court of Appeals of Kentucky
Case 39 — Actions to Have Certain Transfers of Property Declared to Operate as an Assignment fob the Benefit of Creditors APPEAL FROM BOURBON CIRCUIT COURT. Judgment for Plaintiffs and the Northern Bank of Kentucky Appeals. SUMMARY. AUTHORITIES CITED, &e. 1. Except in cases of assignment for benefit of creditors generally, under the Act of 1856, all property acquired from the debtor .by purchase, assignment or otherwise after the institution of suit, must he surrendered. Ky.
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Case 39 — Actions to Have Certain Transfers of Property Declared to Operate as an Assignment fob the Benefit of Creditors APPEAL FROM BOURBON CIRCUIT COURT. Judgment for Plaintiffs and the Northern Bank of Kentucky Appeals. SUMMARY. AUTHORITIES CITED, &e. 1. Except in cases of assignment for benefit of creditors generally, under the Act of 1856, all property acquired from the debtor .by purchase, assignment or otherwise after the institution of suit, must he surrendered. Ky. Stats., latter portion of sec. 1913. 2. As to property acquired from the debtor prior to the institution of the suit,…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming.
Oil May 9, 1895, John I. Moore executed a mortgagei to William M. Layson and others to secure them as creditors in certain debts owing by him. On August 29, 1895, he sold eighty-five head of cattle, which he owned at the time the mortgage was executed, and received therefor a check for $4,557.75. This check he deposited with the Northern Bank of Kentucky, and was credited by the amount on its books. It held a note against him for $4,534.78, which had' been due for three months, and on September 4, 1895, it charged the note to his account. After…
2Cases cited9 opinions
- Pursifull v. Pineville Banking Co.Court of Appeals of Kentucky · 1895
- Baker v. KinnairdCourt of Appeals of Kentucky · 1893
- Grimes v. GrimesCourt of Appeals of Kentucky · 1888
- Fuqua v. FerrellCourt of Appeals of Kentucky · 1882
- McMakin v. StrattonCourt of Appeals of Kentucky · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hayden v. CommonwealthCourt of Appeals of Kentucky · 1910
- Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1911
- Hazelhurst Lumber Co. v. Carlisle Mfg. Co.Court of Appeals of Kentucky · 1908
- Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1910
- McKinney Deposit Bank v. Cyrus W. Scott Manufacturing Co.Court of Appeals of Kentucky · 1924
3 more not listed; retrieve them via the Exa API.