Ashcraft v. Farmers' Deposit Bank

Opinion of the Court by

Judge Dietzman

Affirming.

This is a companion case to those of Brown v. Farmers, Deposit Bank and Sheeran v. Farmers’ Deposit Bank, 223 Ky. 171, 3 S. W. (2d) 215. The Brown and Sheeran cases were submitted for judgment on the plead ings and on. an agreed statement of. facts. In. the present case a demurrer was sustained to the answer, and the appellant, who was the defendant below, declining to plead further, judgment was entered in accordance with the prayer of the petition. The issues presented by the answer to which the demurrer was sustained were, with one exception,…