Elsey v. Peoples Bank of Bardwell

BespoNSe by

Chief Justice Miller

to Petition for Rehearing — G-ranting rehearing and aifirming.

*702The facts of this case may be found in 166 Ky., 386.

The case was prepared and tried in the circuit court, and argued and decided upon the appeal to this court, upon the theory that the note- was not a negotiable instrument, or was not affected by the negotiable instruments law of this State. Neither party mentioned that act in his brief; and in their petition for a rehearing, counsel for appellee concede that the case was correctly decided in this court under the law of this State which antedated the…