First National Bank v. Gaines
Court of Appeals of Kentucky
Case 91 — PETITION ORDINARY APPEAL PROM BOONE CIRCUIT COURT. In case of the renewal of a note with several obligors, when one of the names to the renewal, without the knowledge of the payee, is a forgery, the payee may recover on the original note.
Read the full summary
Case 91 — PETITION ORDINARY APPEAL PROM BOONE CIRCUIT COURT. In case of the renewal of a note with several obligors, when one of the names to the renewal, without the knowledge of the payee, is a forgery, the payee may recover on the original note. (Stratton v. Mc-Makin, 84 Ky., 641; Wait’s Actions and Defenses, vol. 1, 572; vol. ' 6,408.) 1. Where there is a successful plea of non est factum to a suit on a note, the plaintiff can not recover on a genuine note of which the note sued on purports to be a renewal without declaring upon the original. 2. An agent can not bind his principal as…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellant’s petition alleges, in substance, that Alonzo, Milton and W. W. Graines, on the fifteenth day of May, 1877, executed to the appellant their joint and several promissory note for the sum of twenty thousand dollars, due and payable four months after said date; that said obligors, at the maturity of said note, paid a part of it and executed a new joint and several promissory note for the balance ; that said obligors continued to make partial payments on said original debt and execute, from time to time, renewal notes for the unpaid…
2Cited by14 opinions
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
- Hart v. Bank of RussellvilleCourt of Appeals of Kentucky · 1907
- Tompkins v. TriplettCourt of Appeals of Kentucky · 1901
- Mutual Benefit Life Insurance v. First National BankCourt of Appeals of Kentucky · 1914
- Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938
9 more not listed; retrieve them via the Exa API.