Callahan v. First National Bank
Court of Appeals of Kentucky
Case 124 — PETITION ORDINARY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. I. The presumption is that a note in the hands of a maker, with the payee’s name indorsed upon it, has been discharged.
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Case 124 — PETITION ORDINARY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. I. The presumption is that a note in the hands of a maker, with the payee’s name indorsed upon it, has been discharged. (Powell v. Swan, 5 Dana, 3; Story on Promissory Notes, sec. 452; Dugan v. United States, 3 Wheat., 172; Norris v. Badger, 6 Cowen, 449; Brinkley v. Going, 1 111., 288; Campbell v. Humphries, 3 111., 478; Bank of United States v. United States, 2 Howard, 71 r; Central Bank v. Hammet, 50 N. Y., 1S9-) :2. An indorsement is not complete or effectual until the note has been delivered by the indorser, with…
1Opinion of the CourtChief Justice Cofer
The appellee brought this action against W. L. Weller-s' Son as makers, and the appellant, James Callahan, as indorser of a negotiable note.
It was alleged in the original petition that, before the-maturity of the note, Callahan indorsed it to the appellee; that the bank discounted it for him; that it was duly presented at maturity at the Bank of Kentucky, where it was--payable, and payment demanded and refused, and regularly protested, and notice thereof given to Callahan.
Callahan denied that he indorsed the note to the appellee, ®r that it discounted it for him-. He also denied protest and…
2Cases cited4 opinions
- Woolfolk v. Bank of AmericaCourt of Appeals of Kentucky · 1874
- Central Bank of Brooklyn v. . HammettNew York Court of Appeals · 1872
- Long v. Bank of CynthianaCourt of Appeals of Kentucky · 1822
- Rogers v. PostonCourt of Appeals of Kentucky · 1859
3Cited by4 opinions
- Perez v. Bank of Key WestSupreme Court of Florida · 1895
- Callahan v. Bank of KentuckyCourt of Appeals of Kentucky · 1884
- Davis v. CaricoCourt of Appeals of Kentucky (pre-1976) · 1937
- Graham v. Louisville City National BankCourt of Appeals of Kentucky · 1898