Legal Opinion

Callahan v. Bank of Kentucky

Court of Appeals of Kentucky

Decided September 23, 1884PublishedCited by 6 opinions

Case 37 — BILLS OB EXCHANGE APPEAL FROM LOUISVILLE CHANCERY .COURT. An accommodation indorser of commercial paper, to be held liable-thereon, must be given due notice, if it dishonor and protest; and a notice to one,to whom such indorser has made an assignment of the larger portion of his estate ior the benefit of his creditors, will not bind the indorser. (Parson Contracts, volume 1, 277; 5 Leigh, 54; 1 Smith’s Leading Cas> s, 73; Daniel Nego.

Read the full summary

Case 37 — BILLS OB EXCHANGE APPEAL FROM LOUISVILLE CHANCERY .COURT. An accommodation indorser of commercial paper, to be held liable-thereon, must be given due notice, if it dishonor and protest; and a notice to one,to whom such indorser has made an assignment of the larger portion of his estate ior the benefit of his creditors, will not bind the indorser. (Parson Contracts, volume 1, 277; 5 Leigh, 54; 1 Smith’s Leading Cas> s, 73; Daniel Nego. Inst., sections 970, 972; Law Kep, 1 Eq., 5; 3 Kent’s Comm, 110,; Parson’s Bills and Notes, 629 7 Manning; Granger & Scott. 400; 11 East, 114; 4…

1Opinion of the Court

JUDGE HOLT

delivered the opinion oe the court.

The firm of W. L. Weller & Son, on November 15, 1877, executed a note for $3,500, payable to the order ■of James Callahan, at the Bank of Kentucky, four months thereafter. The latter indorsed it in blank and delivered it to said W. L. Weller, who also indorsed it in blank, and discounted it to the appellee before its maturity, thereby putting it upon the footing of a foreign bill of exchange.

The proceeds were drawn out of the bank by W. L. Weller, but for the use of said firm — in fact the entire transaction was for its benefit, Callahan being…

2Cases cited3 opinions

  1. Fassin v. . HubbardNew York Court of Appeals · 1874
  2. Long v. Bank of CynthianaCourt of Appeals of Kentucky · 1822
  3. Callahan v. First National BankCourt of Appeals of Kentucky · 1880

3Cited by6 opinions

  1. Davis v. CaricoCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Hollon v. Weatherford's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Moreland's Admr. v. Citizens' National BankCourt of Appeals of Kentucky · 1903
  4. Dean v. ReedCourt of Appeals of Kentucky · 1924
  5. Rock Island Plow Co. v. BaldersonSouth Dakota Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API