First National Bank v. Behan
Court of Appeals of Kentucky
Case 102 — PETITION EQUITY — APPEAL PROM KENTON CIRCUIT COURT. 1. The drawee has not been released. A receipt is only prima facie evidence, and may be contradicted by parol. (Hitt, &c., v. Holliday, &c., 2 Litt., 333; Baugh v. Brassfield, 5 J. J. M., 79; Tribble v. Old-ham, Idem, 144; Caldwell v. Harlan, 3 Mon., 351; Peddicord v. Hill, 4 Idem, 373; Williams v. Cummins, 6 Idem, 157; Gordon v. Gordon, 1 Mot., 288.) 2. Money paid under mistake may be recovered back.
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Case 102 — PETITION EQUITY — APPEAL PROM KENTON CIRCUIT COURT. 1. The drawee has not been released. A receipt is only prima facie evidence, and may be contradicted by parol. (Hitt, &c., v. Holliday, &c., 2 Litt., 333; Baugh v. Brassfield, 5 J. J. M., 79; Tribble v. Old-ham, Idem, 144; Caldwell v. Harlan, 3 Mon., 351; Peddicord v. Hill, 4 Idem, 373; Williams v. Cummins, 6 Idem, 157; Gordon v. Gordon, 1 Mot., 288.) 2. Money paid under mistake may be recovered back. (Mowatt v. Wright, 1 Wend., 355; s. c., 19 Am. Deo., 305; Union National Bank v. Sixth National Bank, 43 N. Y., 452; s. c., 3 Am.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the covrt.
The appellees drew their draft on Kenner, payable five days after sight, at Rogerville, Tenn., and placed it in the hands of the bank in Covington for collection; that bank sent the draft to a bank in Louisville ; that bank sent it to the appellant; the appellant sent it to the Knoxville Bank, and, on the second of September, that bank advised the appellant that the amount of the draft was credited to it subject to payment. The Knoxville Bank then forwarded the draft to the bank at Rogerville. That bank duly presented it to Kenner for…
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