Dodd v. King
Court of Appeals of Kentucky
CASE 13 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. The facts appear in the opinion of the court. There is no allegation that the notes were assigned to the plaintiff. The assignments are therefore no part of the record. The notes declared on, being a part of the record, (Civil Code, sec. 145,) show that they were executed to another. The plaintiff improperly declared on them as executed to him, and cannot recover. The petition sets forth a good cause of action.
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CASE 13 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. The facts appear in the opinion of the court. There is no allegation that the notes were assigned to the plaintiff. The assignments are therefore no part of the record. The notes declared on, being a part of the record, (Civil Code, sec. 145,) show that they were executed to another. The plaintiff improperly declared on them as executed to him, and cannot recover. The petition sets forth a good cause of action. No objection was taken by demurrer or answer, and the objection now made should be regarded as waived. (Civil Code, secs.…
1Opinion of the CourtChief Justice Simpson
King brought this action against Dodd, and alleged in his petition that the defendant, by his two promissory notes, agreed to pay the plaintiff the sums of two hundred and eighty-two dollars and forty cents, and of sixty-five dollars, and stated the time when each note became due. He alleged that both notes were due and unpaid, and filed them with his petition.
A judgment was rendered against the defendant by default, and he has appealed to this court.
The notes, which were filed with the plaintiif’s petition, are payable to Mary Bussing, and not to the plaintiff; and this variance between the…
2Cited by6 opinions
- Noble v. People's Stock & Poultry Feed Co.Court of Appeals of Kentucky · 1920
- Nordman v. CraigheadSupreme Court of Arkansas · 1872
- Leeman v. HintonCourt of Appeals of Kentucky · 1863
- Allen v. ShortridgeCourt of Appeals of Kentucky · 1863
- Corbin v. Oldham's Adm'xCourt of Appeals of Kentucky · 1880
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