Dils v. Bank of Pikeville
Court of Appeals of Kentucky
Case 109 — Action upon a Promissory Note. APPEAL FROM PIKE CIRCUIT COURT. Judgment for Plaintiff against Ann Dils and she Appeals. O. C. Bowles applied to John W. Ford and this appellant to endorse a note for him for $1,550 with vhich to renew a note maturing in the Bank of Pikeville. This they agreed to do upon ■the condition that said Bowles would have his son, John C. Bowles, to endorse the note with the other endorsers.
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Case 109 — Action upon a Promissory Note. APPEAL FROM PIKE CIRCUIT COURT. Judgment for Plaintiff against Ann Dils and she Appeals. O. C. Bowles applied to John W. Ford and this appellant to endorse a note for him for $1,550 with vhich to renew a note maturing in the Bank of Pikeville. This they agreed to do upon ■the condition that said Bowles would have his son, John C. Bowles, to endorse the note with the other endorsers. This fact was known to .the acting cashier and manager of the bank, Mr. James Sowards, who was informed at the time said note was drawn up and signed that he was not to…
1Opinion of the Court
*760Opinion op the court by
JUDGE DuRELLE
Affirming.
The ap-pellee bank brought suit against appellant, Ann Dils, and J. W. Ford upon a note for $1,550, signed by O. C. Bowles, payable to the order of John W. Ford and Ann Dils, and by them indorsed. A demurrer to the separate answer of Mrs. Dils was sustained, and the only question presented in argument is as to the sufficiency as a defense of the following averment: “. . . That at the time she indorsed1 said note she then believed that her co-defendant, John W. Ford, was jointly liable for the amount thereof, and that nothing had been done or would…
2Cases cited6 opinions
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Gaar v. Louisville Banking Co.Court of Appeals of Kentucky · 1874
- Smith v. MoberlyCourt of Appeals of Kentucky · 1850
- Badcock v. SteadmanConnecticut Superior Court · 1783
- Murphy v. HubbleCourt of Appeals of Kentucky · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- J. I. Case Threshing Machine Co. v. BarnesCourt of Appeals of Kentucky · 1909