O'Bannon's Administrator v. O'Bannon
Court of Appeals of Kentucky
Case 1 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The notes were written and signed in Missouri, but delivered in this state.
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Case 1 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The notes were written and signed in Missouri, but delivered in this state. They were therefore contracts made in this state. 2. The maker of the notes, the appellee, residing in Missouri at the time they were executed, in 1848, became a resident of Kentucky in 1864, and therefore the statute of limitations of this state did not commence to run until 1864. 3. Sections 8, 9, 10 of article 4, chapter 71, General Statutes, were intended to protect resident creditors from the operation of the law of limitation in three states…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This action was commenced April 11, 1875, on four notes for $340 each, executed by the appellee to the appellant’s intestate. The last of the notes fell due February 1, 1852. At the time they were executed the appellee resided in the state of Missouri and the intestate in this state. The appellee continued to reside in Missouri until 1864, when he came to this state, and thereafter resided in Jefferson County, near the residence of the intestate.
The appellee pleaded: 1. Payment in cash, notes, and stock; 2. The Missouri statute of limitations of…
2Cases cited1 opinion
- Ridgeley v. PriceCourt of Appeals of Kentucky · 1855
3Cited by5 opinions
- Aultman & Taylor Co. v. MeadeCourt of Appeals of Kentucky · 1905
- BancoKentucky Co.'s Receiver v. National Bank of Kentucky's ReceiverCourt of Appeals of Kentucky (pre-1976) · 1939
- Sword, Special Deputy Banking Com'r v. ScottCourt of Appeals of Kentucky (pre-1976) · 1943
- Skaggs v. FyffeCourt of Appeals of Kentucky (pre-1976) · 1945
- Rockwood v. HueyCourt of Appeals of Kentucky · 1961