Hale v. Grogan
Court of Appeals of Kentucky
Case 29 — PETITION ORDINARY APPEAL PROM CALLOWAY CIRCUIT COURT. 1. The court should have submitted to the jury in Its 'instructions whether there was an agreement to apply as a credit on the note what appellant might owe the surety on the note as set up by appellee and denied by appellant. 2. 'The court in submitting the questions to the jury for a special verdict, assumed that there was such an agreement. 3. The appellee having admitted the execution of t)he note and filed…
Read the full summary
Case 29 — PETITION ORDINARY APPEAL PROM CALLOWAY CIRCUIT COURT. 1. The court should have submitted to the jury in Its 'instructions whether there was an agreement to apply as a credit on the note what appellant might owe the surety on the note as set up by appellee and denied by appellant. 2. 'The court in submitting the questions to the jury for a special verdict, assumed that there was such an agreement. 3. The appellee having admitted the execution of t)he note and filed his plea in avoidance, the onus was on him to establish his plea by a preponderance of evidence. 1. The appellant’s…
1Opinion of the Court
JUDGÍ3 LANDES
delivered the opinion op the court.
The action in the court below was upon two promissory notes, one of them executed by the appellee alone, and the other by him and James A. Grogan, his surety. Both notes were executed to the mercantile firm of Hale, Head & Co., of which firm the appellant was a member. The partnership having been dissolved, the assets of the firm were divided among the individual members, and in this way the appellant became the sole owner of these notes. James A. Grogan, the surety on one of the note's, was joined with the appellee as defendant in the action,…
2Cited by8 opinions
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- City of Princeton v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931
- Clark v. Louisville Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- Rudolph Wurlitzer Co. v. Kaufman-Straus Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Barnum v. GreenColorado Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.