Payne v. Bank of Bowling Green
Court of Appeals of Kentucky
Case 37 — PETITION ORDINARY APPEAL PROM WARREN COURT OP COMMON PLEAS. CITED Constitution of Kentucky, art. 2, sec. 37; art. 3, sec. 10. Constitution of United States, art. —, sec 10. Myers’s Supplement, p. 60. 4 Met. 75, Chiles & Thomas v. Monroe. 2 Duvall, 479, O’Donoghue v. Akin. 8 Bush, 453, McReynolds, &c. v. Smallhouse. 8 Bush, 108. 8 Bush, 348. 3 Met. 150. 3 Met. 168. 3 Met. 222. 3 Met. 569. CITED Act of June 2, 1865, 2 Session Acts 1865, p. 520, sec. 4. 1 Met. 395,…
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Case 37 — PETITION ORDINARY APPEAL PROM WARREN COURT OP COMMON PLEAS. CITED Constitution of Kentucky, art. 2, sec. 37; art. 3, sec. 10. Constitution of United States, art. —, sec 10. Myers’s Supplement, p. 60. 4 Met. 75, Chiles & Thomas v. Monroe. 2 Duvall, 479, O’Donoghue v. Akin. 8 Bush, 453, McReynolds, &c. v. Smallhouse. 8 Bush, 108. 8 Bush, 348. 3 Met. 150. 3 Met. 168. 3 Met. 222. 3 Met. 569. CITED Act of June 2, 1865, 2 Session Acts 1865, p. 520, sec. 4. 1 Met. 395, Brandies, &e. v. Stewart, &c.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the court.
The note sued on in this case is a simple promissory note, with none of the common-law elements of negotiability, not even being payable to the order of the payees. Except for our statute of assignments the payees could not have invested *177the party to whom they sold with the right to maintain an action for its collection in its own name. Under the general laws the payees could not by selling the note impair the right of Payne to any defense, discount, or oifset that he might have used against it in their hands.
By his original answer appellant…
2Cited by2 opinions
- Richie v. CralleCourt of Appeals of Kentucky · 1900
- Boswell v. Citizens Savings BankCourt of Appeals of Kentucky · 1906