Kendall v. Crouch
Court of Appeals of Kentucky
Case 33 —PETITION— APPEAL PROM HARRISON CHANCERY COURT. 1. Parties sureties on a renewal note can not plead usury paid on the original note to which they were not parties. (1 B. M., 321-2.) 2. The acceptance of a new note, with new parties, in lieu of an old note, is a novation, and the statute of limitations against the recovery of usury paid on the old note, begins to run at the date of the execution of the new note.
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Case 33 —PETITION— APPEAL PROM HARRISON CHANCERY COURT. 1. Parties sureties on a renewal note can not plead usury paid on the original note to which they were not parties. (1 B. M., 321-2.) 2. The acceptance of a new note, with new parties, in lieu of an old note, is a novation, and the statute of limitations against the recovery of usury paid on the old note, begins to run at the date of the execution of the new note. (Smith v. Young, 11 Bush, 393.) ■3. From the date of payment of a replevin bond, without an appeal pending, the statute begins to run against the recovery of usury thus ' paid…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
This action is upon a promissory note. The defense of usury was interposed. The answer gives the appellee Crouch’s version of the history of the debt, stating, according to his side of the case, the various renewals, payments and changes of obligors.
The lower court, acting doubtless upon the idea that by the change of obligors at different times when the note had been renewed, as stated in the answer, there had been such a novation as to cut off the defense of usury, sustained a demurrer to it, and rendered a judgment for the appellant. It was…
2Cases cited1 opinion
- Fitzpatrick v. Apperson's ex'xCourt of Appeals of Kentucky · 1881
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