Legal Opinion

Alexander & Co. v. Hazelrigg

Court of Appeals of Kentucky

Decided April 15, 1906PublishedCited by 16 opinions

Case 90. — ACTION BY GEORGE ALEXANDER & CO. AGAINST JOHN W. HAZELRIGG ON A NOTE. Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. Tlie maker of a promissory note, as against him who appears as the holder of the note, cannot deny the regularity of the holding upon a want of information and belief.

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Case 90. — ACTION BY GEORGE ALEXANDER & CO. AGAINST JOHN W. HAZELRIGG ON A NOTE. Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. Tlie maker of a promissory note, as against him who appears as the holder of the note, cannot deny the regularity of the holding upon a want of information and belief. (Civil Code, Sec. 113, Sub-Sec. 7; Negotiable Instruments Act, Sec. 59; Huffaker v. National Bank of Monticello, 12 Bush, 287; Gridler v. Farmers & Drovers Bank, 12 Bush, 333; McClure v. Bigstaff, 18 K. L. R., 601;…

1Opinion of the Court

Opinion by

Judge Nunn

Affirming.

This action was instituted by appellant, doing business as Geo. Alexander & Co., against the appellee, upon the following promissory note: “$1,592.90. Mt. Sterling, Ky., Sept. 14th, 1904. Sixty days after date, we jointly and severally promise to pay to Desha Lucas, or order, fifteen hundred and ninety-two and 90/ioo dollars, negotiable and payable at the Montgomery National Bank, Mt. Sterling, Ky., value received, with interest at 6 per cent, per annum. [Signed] John W. Hazelrigg.” It is clear that this is a negotiable promissory note, within the meaning of…

2Cases cited1 opinion

  1. Sondheim v. GilbertIndiana Supreme Court · 1888

3Cited by16 opinions

  1. Sabine v. . PaineNew York Court of Appeals · 1918
  2. Farmers' State Bank of Texhoma v. Clayton Nat. BankNew Mexico Supreme Court · 1925
  3. McCormick v. FallierSupreme Court of Alabama · 1931
  4. Twentieth Street Bank v. JacobsWest Virginia Supreme Court · 1914
  5. Levy v. Doerhoefer'sCourt of Appeals of Kentucky · 1920

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