Wilkins v. Usher
Court of Appeals of Kentucky
Case 93. — ACTION BY W. A. USHER AGAINST W. T. & J. R. ON A NOTE. — Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for Plaintiff. Defendants appeal. QUESTIONS INVOLVED AND AUTHORITIES CITED. The sole question involved in this case, is whether or not the note sued on is subject to the defense, or set-off, or counterclaim, in the answer alleged.
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Case 93. — ACTION BY W. A. USHER AGAINST W. T. & J. R. ON A NOTE. — Appeal from Graves Circuit Court. R. J. Bugg, Circuit Judge. Judgment for Plaintiff. Defendants appeal. QUESTIONS INVOLVED AND AUTHORITIES CITED. The sole question involved in this case, is whether or not the note sued on is subject to the defense, or set-off, or counterclaim, in the answer alleged. This involves the subordinate questions: First — Is the note, as executed, subject to our new Negotiable Instrument Law? Second — If so, does such law properly construed, cut off the matters of defense so alleged? Third — Did the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirmed.
On August 15, 1904, there were judgments in the Graves circuit court’ against J. A. Tilley for fines amounting with costs to $430. Tilley had $300 in cash, but wished to replevy the judgments. W. T. and J. R. Wilkins. wished to borrow $300 for a short time, and it was arranged between them and Tilley that they would sign the replevin bonds as Tilley’s sureties, and hold the $300 until the bonds were due; that then they were to pay the $300 on the bonds, and Tilley would pay the remainder. Tilley paid over the $300 to them *699under this agreement, and they…
2Cited by7 opinions
- Citizens Bank v. Bank of WaddyCourt of Appeals of Kentucky · 1907
- Felt v. BushUtah Supreme Court · 1912
- Taylor & Co. v. Nehi Bottling Co.Court of Appeals of Texas · 1930
- Simpson v. SimpsonCourt of Appeals of Kentucky · 1911
- Gibbs v. MetcalfCourt of Appeals of Kentucky · 1923
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