Chemical National Bank v. Wagner
Court of Appeals of Kentucky
Case 94 — PETITION EQUITY APPEALS PROM CAMPBELL CHANCERY COURT. 1. The verified proof of claim — in substance, though not in name, a petition — should have been taken as true in the absence of a. written objection or exception or verified ground of defense. (Francis v. Smith, 1 Duv., 121, 125 ; Homer v. Harris’ Ex’or, 10' Bush, 357; Dobyns v. Dobyns’ Ass’ee, 79 Ky., 95 ; Longdale Iron Co. v. Swift’s Iron and Steel Works, 12 Ky.
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Case 94 — PETITION EQUITY APPEALS PROM CAMPBELL CHANCERY COURT. 1. The verified proof of claim — in substance, though not in name, a petition — should have been taken as true in the absence of a. written objection or exception or verified ground of defense. (Francis v. Smith, 1 Duv., 121, 125 ; Homer v. Harris’ Ex’or, 10' Bush, 357; Dobyns v. Dobyns’ Ass’ee, 79 Ky., 95 ; Longdale Iron Co. v. Swift’s Iron and Steel Works, 12 Ky. Law Rep., 848; s. c., 91 Ky., 191.) 2. As the notes were dated and made payable in the State of Ohio, their'scope and effect are to be determined by the law of that…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The Swift Iron and Steel Works Company is a corporation, created by the Legislature of this State in January, ■1871. At the time of the transactions i-n controversy in this case, E. L. Harper was president of the company and •J. H. Mathews was its treasurer; there were also a vice-president and board of directors of said company. The ■powers of each are set forth in the company’s by-laws, as follows: “Sec. 3. All contracts and obligations binding the corporation may be signed by the president or vice-president.” “ Sec. 5. The treasurer shall…
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- Department of State Highways v. BakerNorth Dakota Supreme Court · 1940
- Capital City Brick Co. v. JacksonCourt of Appeals of Georgia · 1907
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