Legal Opinion

Weiand's Admr. v. State National Bank

Court of Appeals of Kentucky

Decided December 12, 1901PublishedCited by 7 opinions

Case 30 — Action to Recover Damages fob Defendant’s Refusal to pay a Check — APPEAL FROM MASON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.

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Case 30 — Action to Recover Damages fob Defendant’s Refusal to pay a Check — APPEAL FROM MASON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Appellant’s intestate, Anthony Weiand, doing business as A. Weiand & Co., on August 15, 1900, issued and sent to the John Hauck Brewing Company, of Cincinnati, a check on appellee bank for $360, having on deposit to his credit therein, only $199, but instead of dating the check •"August 15, he post dated it,' August 20. On August 19, he died, still having on deposit in said 'bank $199. On August 21, appellant qualified as his…

1Opinion of the Court

Opinion op the cottbt by

JUDGE GUFFY —

Reversing.

This action was instituted -in the Mason circuit court by the appellant on the 30th of August, 1900. It appears, that E. H. Roden, as the administrator of Anthony Weiand,, *312sought in this suit to obtain judgment against the appellee for' the sum of $199, besides $500 damages, on account, of appellee’s failure to honor appellant’s cheek. It is substantially alleged in the petition that Anthony Weiand departed this life August 10, 1900, and that prior to his death he did business under the firm name and style of A. Weiand & Co., and had on deposit…

2Cases cited4 opinions

  1. Curran v. WitterWisconsin Supreme Court · 1887
  2. Lester & Co. v. Given, Jones & Co.Court of Appeals of Kentucky · 1871
  3. German Savings Institution v. AdaeU.S. Circuit Court for the District of Eastern Missouri · 1880
  4. Pease v. LandauerWisconsin Supreme Court · 1885

3Cited by7 opinions

  1. Columbia Finance & Trust Co. v. First National BankCourt of Appeals of Kentucky · 1903
  2. Caledonia National Bank v. A. J. McPhersonSupreme Court of Vermont · 1950
  3. Louisville Presbyterian Theo. Sem. v. BottoCourt of Appeals of Kentucky · 1904
  4. Boswell v. Citizens Savings BankCourt of Appeals of Kentucky · 1906
  5. Taylor v. First National BankSupreme Court of Minnesota · 1912

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