Graham v. Louisville City National Bank
Court of Appeals of Kentucky
Case 91 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. There being no allegation in the pleadings, or evidence in. the record, to show that the note was endorsed by appellant for tbe accommodation of John W. Graham, the plaintiff can not. recover thereon as against appellant, the payor of the note having discounted it. Callahan v. First Nat.
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Case 91 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. There being no allegation in the pleadings, or evidence in. the record, to show that the note was endorsed by appellant for tbe accommodation of John W. Graham, the plaintiff can not. recover thereon as against appellant, the payor of the note having discounted it. Callahan v. First Nat. Bank, 78 Ky., 607. 2. Under our statute (sec. 21, >chap. 22, General Statutes), before a promissory note can he placed on the footing of a foreign bill of exchange, it must appear that it was by terms made payable and…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the ofixiox of the court.
The note sued on by appellee was signed by John W. Graham, was made payable to the appellant, and by her endorsed with her name written across the back of it. It was then left with the payor who was the son of appellant and he discounted it before maturity at appellee’s bank, though it was negotiable and payable “at Citizens’ National Bank.” The original petition was defective in not averring that this endorsement by appellant was for the benefit and accommodation of her son, the payor (Callahan v. First National Bank, 78 Ky., 604; Callahan v.…
2Cases cited2 opinions
- Callahan v. Bank of KentuckyCourt of Appeals of Kentucky · 1884
- Callahan v. First National BankCourt of Appeals of Kentucky · 1880