First National Bank v. Wisdom's Executors
Court of Appeals of Kentucky
Case 16—Action to Recover Money Paid on a Forged Note— APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals — This action was brought by the executors of B. H. Wisdom, deceased, to recover of appellant bank $3,140 paid by them on a note for $5,000, dated August 22, 1896, and due on demand against their testate, B. H. Wisdom, deceased, who died April 16, 1897. Since making this payment, the appellees have learned that said note iis a forgery,…
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Case 16—Action to Recover Money Paid on a Forged Note— APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals — This action was brought by the executors of B. H. Wisdom, deceased, to recover of appellant bank $3,140 paid by them on a note for $5,000, dated August 22, 1896, and due on demand against their testate, B. H. Wisdom, deceased, who died April 16, 1897. Since making this payment, the appellees have learned that said note iis a forgery, .iis noit the act and deed of said decedent, and is and was without consideration, which facts the appellees set up in…
1Opinion of the Court
*139Opinion op the court by
JUDGE HOBSON
Affirming.
B. EL Wisdom died on October 28, 1896, and appellees qualified as his executors. He left a large estate. In November, 1896, the appellant, the First National Bank of Paducah, presented to the executors a note dated August 22, 1896, due on demand, for $5,000, and purporting to be executed to it by the testator. Appellee, on February 9, 1897, paid appellant on the note $3,140; but after this refused to pay the balance, and instituted this action to recover of appellant th'e amount 'they had paid, alleging that the note was a forgery, and without…
2Cases cited11 opinions
- Eborn v. ZimpelmanTexas Supreme Court · 1877
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- Gregory's Heirs v. FordCourt of Appeals of Kentucky · 1845
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