Burks v. Wonterline
Court of Appeals of Kentucky
Case 6 — PETITION ORDINARY — CITED Chitty on Contracts, 6th American edition, page 528. 1 Parsons on Bills and Notes, page 236. Byles on Bills, 5th Amer. and 9th London edition, s. p. 234. Burge on Suretyship, 218, 219, 224. 18 Johnson, 404, Pleming v. Slocum. 5 Bingham, 142, Stone v. Oompton. 3 B. & Cress. 605, Pidcock y. Bishop. 9 B. Mon. 222, Singleton y. Kennedy. 2 Kent, page 643, 11th edition. 26 Maine, 149, Denny y. Gillian. 1 Wendell, 10, Allen y, Addington. 7 Met.
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Case 6 — PETITION ORDINARY — CITED Chitty on Contracts, 6th American edition, page 528. 1 Parsons on Bills and Notes, page 236. Byles on Bills, 5th Amer. and 9th London edition, s. p. 234. Burge on Suretyship, 218, 219, 224. 18 Johnson, 404, Pleming v. Slocum. 5 Bingham, 142, Stone v. Oompton. 3 B. & Cress. 605, Pidcock y. Bishop. 9 B. Mon. 222, Singleton y. Kennedy. 2 Kent, page 643, 11th edition. 26 Maine, 149, Denny y. Gillian. 1 Wendell, 10, Allen y, Addington. 7 Met. (Mass.) 252, Kinney v. Stoddart. 2 Sandford Chancery, 636. 9 Ala. 42, Arrington and Evans v. Keeland. 10 S. & M. 1, Tucker…
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court.
To an action brought by John "Wonterline and his wife against John D. Ross and John Burks on a note for $1,840, dated April 4, 1867, and payable one year after date without interest, Burks pleaded by his answer and counter-claim that he was only surety for Ross in the note; and that without his knowledge Ross had advanced usurious interest at the rate of fifteen per cent, for the year during which the face of the note dispensed with any interest, and that the fact of such exaction was fraudulently concealed from him when he signed the note.…
2Cited by9 opinions
- Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
- Fisher v. Denver National BankSupreme Court of Colorado · 1896
- Aaron v. MendelCourt of Appeals of Kentucky · 1880
- First National Bank v. MattinglyCourt of Appeals of Kentucky · 1892
- Mount v. TappeyCourt of Appeals of Kentucky · 1870
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