Trimble v. Ward
Court of Appeals of Kentucky
Case 102 — PETITION ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The court should have told the jury to find for defendant on the ground that Tyler being a director of the bank was held to notice of its condition. (Boone on Law of Banking, see. 85; United Society of Shakers v. Underwood &c., 9 Bush, 609.) 2. Where the means of knowledge are at hand and a party fails to avail himself of them, he can not maintain an action for deceit.
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Case 102 — PETITION ORDINARY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The court should have told the jury to find for defendant on the ground that Tyler being a director of the bank was held to notice of its condition. (Boone on Law of Banking, see. 85; United Society of Shakers v. Underwood &c., 9 Bush, 609.) 2. Where the means of knowledge are at hand and a party fails to avail himself of them, he can not maintain an action for deceit. (Cooley on Torts, p. 477; Bigelow on Fraud, p. 522; Wallace v. Gerson, 13 Wall., 627; Fulton v. Hood, 75 Am. Dec. 664; Rock-fellow v. Baker, 80 Am. Dec. 624;…
1Opinion of the Court
JUDGE GRACE
delivered the opinion oe the court.
This is an appeal by J. G-. Trimble from a judgment against him, rendered .in the Montgomery Circuit Court, for eleven hundred dollars, in favor of Mrs. E. C. Ward.
This judgment was rendered upon a petition filed in that court.by Mrs. Ward alleging, in substance, as follows:
That on the 15th of July, 1887, she purchased of the defendants, J. T. Day and j. G. Trimble, twenty shares- of stock of the Exchange Bank of Mt. Sterling, Ky.', at the sum and price of one hundred and twenty‘dollars per share, That at the time of this purchase J. G. Trimble…
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