Duncan v. Louisville
Court of Appeals of Kentucky
Cases 31-32 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. First. The city of Louisville can not collect taxes by a. suit in chancery. (Johnston v. Louisville, 11 Bush, 527.) Second. The notes being for real estate, with their consideration expressed on their face, are not commercial paper, and are not such as can be put upon the footing of foreign bills, even by a discount by the banks alleged to have discounted them.
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Cases 31-32 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. First. The city of Louisville can not collect taxes by a. suit in chancery. (Johnston v. Louisville, 11 Bush, 527.) Second. The notes being for real estate, with their consideration expressed on their face, are not commercial paper, and are not such as can be put upon the footing of foreign bills, even by a discount by the banks alleged to have discounted them. (Thompson v. Finley, MS. Opinion, 1874; Story on Promissory Notes, secs. 52, 55; Overton v. Tyler, 8 Barr, 346, A. L. C., vol. 1, p. 300; Smith on Mercantile Law, p.…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
April 17, 1872, the appellant executed to W. R. Thompson two notes for $1,750 each, payable, one in twelve months and the other in two years, bearing six per cent interest till maturity, and after that ten per cent until paid, and both negotiable and payable at the "Western Financial Corporation, an incorporated *381bank in this state. It was stated on the face of each note that it was given in part payment for and secured by lien on real estate that day conveyed by Thompson and wife to Duncan.
The note due in one year was assigned by Thompson to…
2Cases cited3 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Johnson v. CarpenterSupreme Court of Minnesota · 1862
- Martineau v. McCollumWisconsin Supreme Court · 1852
3Cited by9 opinions
- Litteral v. Woods, JudgeCourt of Appeals of Kentucky (pre-1976) · 1928
- Commonwealth v. HelmCourt of Appeals of Kentucky · 1915
- Bradley v. CurtisCourt of Appeals of Kentucky · 1881
- Security Investment Co. v. Harrod Bros.Court of Appeals of Kentucky (pre-1976) · 1928
- Staverson v. Kentucky Utilities CompanyCourt of Appeals of Kentucky (pre-1976) · 1926
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