Yeatman v. Day
Court of Appeals of Kentucky
Case 34 — ORDINARY APPEAL FROM KENTON CIRCUIT COURT. 1. The answer of appellee does not constitute a defense to the action,. and judgment should have been rendered for appellant because of ' its insufficiency. 2. The law only requires of a holder of a bill of exchange ordinary diligence; that is, that he shall avail himself of the usual channels . of communication in giving notice.
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Case 34 — ORDINARY APPEAL FROM KENTON CIRCUIT COURT. 1. The answer of appellee does not constitute a defense to the action,. and judgment should have been rendered for appellant because of ' its insufficiency. 2. The law only requires of a holder of a bill of exchange ordinary diligence; that is, that he shall avail himself of the usual channels . of communication in giving notice. (Kent’s Comm., sec. 44; 10 S.. & M., 333; lb., 541; 4 Barb., 324 ; 31 Conn., 396; 33 Cal., 176.) 3. The statutory requirement to personally serve notice is met by leav- • ing it at the indorser’s residence or place…
1Opinion of the CourtChief Justice Cofee
Counsel for the appellee insists that the bill of exceptions, copied into the transcript is not a part of the record, and as. the errors assigned cannot be inquired into without a bill of exceptions, the first inquiry is whether the position of counsel is well taken.
The law and facts were submitted to the court without-the intervention of a jury. Judgment for the defendant was. rendered September 22, 1877. The plaintiff then excepted; but his exceptions were not then reduced to writing, nor was time given in which to do so. No further order w7as. made in the case until September 27, when time…
2Cases cited3 opinions
- Pryor v. DowneyCalifornia Supreme Court · 1875
- Tilton v. SwiftSupreme Court of Iowa · 1874
- Scott v. BurrowsCourt of Appeals of Kentucky · 1877
3Cited by8 opinions
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- In re ChristiansenUtah Supreme Court · 1898
- Greene v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. SmithSupreme Court of Vermont · 1905
- Kentucky Home Life Ins. Co. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1936
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