Legal Opinion

Krachts's Administrator v. Obst

Court of Appeals of Kentucky

Decided May 24, 1878PublishedCited by 2 opinions

Case 5 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. A person signing his name on the back of a note “shall be deemed and treated as an assignor.” (Sec. 14, chap. 22, Gen. Stat.) 2. The assignee has used due diligence and prosecuted the payor to legal insolvency (Williams v. Obst, 12 Bush, 268), as shown by the sheriff’s return of no property. 3. The evidence shows that the assignee delayed suing at the request of the assignors.

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Case 5 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. A person signing his name on the back of a note “shall be deemed and treated as an assignor.” (Sec. 14, chap. 22, Gen. Stat.) 2. The assignee has used due diligence and prosecuted the payor to legal insolvency (Williams v. Obst, 12 Bush, 268), as shown by the sheriff’s return of no property. 3. The evidence shows that the assignee delayed suing at the request of the assignors. This delay was therefore not negligence or want of diligence on the part of the assignee. 4. The assignee avers the consideration paid, and…

1Opinion of the Court

JUDGE ELLIOTT

delivered the opinion of the court.

The appellant Catharine Krachts was possessed of $1,000, which belonged to herself and her husband Simon Krachts. The appellee John Eichhorn, on hearing that she had the money and was about to deposit it with her priest, she being in religion a Catholic, at the solicitation of his brother, G. Eichhorn, applied to her to barrow it for him, and promised to secure its payment by a note signed by his brother, himself, and appellee Charles Obst, who was the father-in-law of G. Eichhorn.

After much persuasion Mrs. Krachts consented to the loan on a…

2Cited by2 opinions

  1. Hughett v. ShainCourt of Appeals of Kentucky (pre-1976) · 1934
  2. American National Bank v. SmallhouseCourt of Appeals of Kentucky · 1902

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