Deposit Bank v. Stitt
Court of Appeals of Kentucky
Case 11 — ACTION ON NOTE APPEAL FROM FAYETTE CIRCUIT COURT. The surrender of Mr. Stitt’s note for $125 was a good consideration for the execution of a new note by Mrs. Stitt and made the renewal note an original obligation as to her. Bank of Com. v. Ray, 7 J. J. Mar., 273; Smith v. Young, 11 Bush, 395; Stuart v. Graves, >5 Ky.
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Case 11 — ACTION ON NOTE APPEAL FROM FAYETTE CIRCUIT COURT. The surrender of Mr. Stitt’s note for $125 was a good consideration for the execution of a new note by Mrs. Stitt and made the renewal note an original obligation as to her. Bank of Com. v. Ray, 7 J. J. Mar., 273; Smith v. Young, 11 Bush, 395; Stuart v. Graves, >5 Ky. Law Rep., 687; Day v. Cloe, 4 Bush, 563; Lieber v. Levy, 3 Met., 292; Jones v. Walker, 13 B. Mon., 357. 1. While the appellee, Ollie B. Stitt, was a married woman when-she signed and delivered the note sued on in this action, yet under the facts and circumstances of…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion oe ti-ie court.
Appellee, Ollie B. Stitt, desired to borrow $150 from appellant to send her husband to the Keeley Cure. The proof tends to show that it did not suit appellant, exactly to lend her the money, but it held an unpaid note on her husband for $125, and in consideration of her assuming this debt, and executing to the bank her note for $125 in lieu of her husband’s note held by it, it lent her the $150, and took her note with security for that amount also. She paid the note given by her for the money that she borrowed, but declined tO' pay the note for…
2Cases cited2 opinions
- Williams v. ShelbourneCourt of Appeals of Kentucky · 1898
- Day v. CloeCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
- Third Nat. Bank v. TierneyCourt of Appeals of Kentucky · 1908
- Bank of St. Helens v. Mann's Exor.Court of Appeals of Kentucky (pre-1976) · 1928
- Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
- Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
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