Atlas Coal & Coke Co. v. Kentucky River Coal Mining Co.

Plaintiff, as payee of a document which for reasons hereafter stated we hold to be a negotiable instrument, brought an action against the Kentucky Kiver Coal Mining Company, the maker of the note, and R. C. Whitsett, J. C. Morrison and August P. Poehlmann, indorsers of the note, to recover a balance claimed to be due on the note. The maker of the note was not served-, so the indorsers are the only defendants. The jury returned its verdict in favor of the plaintiff and against the three indorsers and assessed damages at $6,211.40. Judgment was entered on the verdict and the defendants appeal.

Th…