Stratton v. McMakin
Court of Appeals of Kentucky
Case 82 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. The appellee is not released from liability on the note sued on, as its surrender was without consideration, -the two notes accepted in lieu thereof being forgeries. (Williamson v. Martin, 2 Duv., 493.) The judgment in the former action in which appellee pleaded non est factum, is a bar to the recovery sought in this action.
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Case 82 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. The appellee is not released from liability on the note sued on, as its surrender was without consideration, -the two notes accepted in lieu thereof being forgeries. (Williamson v. Martin, 2 Duv., 493.) The judgment in the former action in which appellee pleaded non est factum, is a bar to the recovery sought in this action. The appellant had an,opportunity in that action, after appellee’s plea was entered, to amend his petition and set up the note sued on, and failing to do so then, it is now too late.
1Opinion of the Court
JUDGE COEER
delivered the opinion op the court.
The appellant alleged, in substance, that on the first of January, 1873, the appellee, McMakin, and one S. D. Hinkle, executed to him a note wherein they promised to pay him the sum of sixteen hundred dollars; that in January, 1878, Hinkle delivered to him two notes for thirteen hundred dollars each, purporting to. be signed by himself and McMakin; that said notes were delivered as renewals of the note for sixteen hundred dollars, and the accrued interest thereon, and for *642other indebtedness of Hinkle to him; that Hinkle represented that the…
2Cases cited2 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Letcher v. Bank of the CommonwealthCourt of Appeals of Kentucky · 1833
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- Mutual Benefit Life Insurance v. First National BankCourt of Appeals of Kentucky · 1914
- Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938
- Roth v. Merchants' & Planters' BankSupreme Court of Arkansas · 1902
- CITIZENS FIDELITY BANK & TRUST COMPANY v. StarkCourt of Appeals of Kentucky (pre-1976) · 1968
- Ritchie County Bank v. BeeWest Virginia Supreme Court · 1907
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