M. V. Monarch Co. v. First National Bank
Court of Appeals of Kentucky
Case 42 — ACTION ON GUARANTY 1. The notes sued on are simply promissory notes and in order to recover against the appellant the holder of the notes must have sued the maker at the first term of court after the same became due. Ky.
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Case 42 — ACTION ON GUARANTY 1. The notes sued on are simply promissory notes and in order to recover against the appellant the holder of the notes must have sued the maker at the first term of court after the same became due. Ky. Stat., sec. 483; Carlisle V. Chambers, &c., 4 Bush, 268. 2. The amended petition seeking to recover upon the guaranty is a departure from the original cause of action which sought to recover upon the notes upon the assumption that they had been placed upon the footing of foreign bills of exchange'. Ky. Stats., sec. 475; Humphrey v. Hughes’ Guardian, &c., 79 Ky.,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellant is a trading corporation in the city of Owensboro, in this State, and the appellee is engaged in business at Terre Haute, Ind. This action was instituted by the appellee against appellant to recover judgment for the amounts of sundry notes which were executed by the Belle of Nelson Distillery Company to the M. V. Monarch Company, payable at certain banks in the city.of Louisville, Ky.; on certain drafts drawn by the appellant company on the Belle of Nelson Distillery Company, accepted by it, and made payable at certain banks in the…
2Cases cited1 opinion
- Douglass v. HowlandNew York Supreme Court · 1840
3Cited by5 opinions
- McGowan v. Wells' TrusteeCourt of Appeals of Kentucky · 1919
- Cornett v. CommonwealthCourt of Appeals of Kentucky · 1916
- City of Ashland v. Brown's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1942
- Hirning v. JacobsenSouth Dakota Supreme Court · 1927
- Merchants' National Bank v. FordCourt of Appeals of Kentucky · 1907