Bank of Galliopolis v. Trimble
Court of Appeals of Kentucky
Error to the Greenup Circuit. Pet. & Sum. Case 139. The case stated, Judgment of the A partial assign* ment of a nota transfersno right of action to the assignee. The laws of a sister State regulating set-offs, can have no operation in this State, in a suit ■on a note.
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Error to the Greenup Circuit. Pet. & Sum. Case 139. The case stated, Judgment of the A partial assign* ment of a nota transfersno right of action to the assignee. The laws of a sister State regulating set-offs, can have no operation in this State, in a suit ■on a note. Set-off is connected with the remedy which is governed by the .law ofthe-forum. ■and not by the lex loci {'contractus. .'Obligors in .-a note given to a corporation are estopped to deny .-the existence o'f the corporation. That the.charter of a corporation, has been forfeited can only be made to appear by a direct proceeding,…
1Opinion of the Court
Judge Beeok
delivered the opinion of the Court.
In October, 1839, David Trimble and the other defendanls in error, executed their note to the President, Directors and Company of the Bank of Galliopolis, for two thousand dollars, payable in three months. Upon this note the Bank, in June, 1840, sued by petition and summons, in the Greenup Circuit Court.
• The defendants filed various pleas,, and the case was continued till 1841, when additional pleas were filed, and among them a plea of set-off for Bank notes issued by the Bank and held by the defendants, to the amount of the note sued on.…
2Cases cited1 opinion
- M'Connell v. MorrisonCourt of Appeals of Kentucky · 1822
3Cited by15 opinions
- Venable Bros. v. Southern Granite Co.Supreme Court of Georgia · 1910
- Fruin-Colnon Contracting Co. v. ChattersonCourt of Appeals of Kentucky · 1912
- Jones v. Bank of TennesseeCourt of Appeals of Kentucky · 1847
- Meramec Spring Park Co. v. GibsonSupreme Court of Missouri · 1916
- Bondurant v. CrawfordSupreme Court of Iowa · 1867
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