Tompkins v. Triplett
Court of Appeals of Kentucky
Case 96 — Action on a Peomissory Note — APPEAL FROM DAVIESS CIRCUIT COURT. .Judgment for Defendants and Plaintiff Appeals, This is a suit on a note for $250, executed by Nannie B. Triplett and George V. Triplett, her husband, to A. C, Tompkins. There was no defense by the husband, but the wife, now appellee, seeks to escape liability by the plea that she was a married woman, and only the surety of her husband, and that she <.did not contract as principal.
Read the full summary
Case 96 — Action on a Peomissory Note — APPEAL FROM DAVIESS CIRCUIT COURT. .Judgment for Defendants and Plaintiff Appeals, This is a suit on a note for $250, executed by Nannie B. Triplett and George V. Triplett, her husband, to A. C, Tompkins. There was no defense by the husband, but the wife, now appellee, seeks to escape liability by the plea that she was a married woman, and only the surety of her husband, and that she <.did not contract as principal. The language of the note is: “We promise to pay,” and the wife’s name is signed first: The court will have no difficulty in finding from…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Reversing.
This action is based upon a writing and figures and words ais follows: “$250.00. Owensboro, Ky., March 22d, 1895. For value received, six months after date we promise to pay to the order of A. C. Tompkins two hundred and fifty dollars, with interest at' the rate of six (6) per cent, per annum until paid. Nannie B. Triplett. Geo. V. Triplett.” Nannie B. Triplett is the wife of her co-obligor, George Y. Triplett, and was at the time the note was executed. Her defense to the action is that she was a married woman ai the time it was executed;. *826…
2Cases cited3 opinions
- First National Bank v. GainesCourt of Appeals of Kentucky · 1888
- Lewis v. Harbin & DowningCourt of Appeals of Kentucky · 1845
- Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1885
3Cited by17 opinions
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
- Third Nat. Bank v. TierneyCourt of Appeals of Kentucky · 1908
- Hart v. Bank of RussellvilleCourt of Appeals of Kentucky · 1907
- Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
- Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
12 more not listed; retrieve them via the Exa API.