Exchange Bank v. Thomas
Court of Appeals of Kentucky
r.fifty 97 — Action by Exchange Bank on Kentucky against C. F. Thomas, &o., on a Note. APPEAL FROM MONTGOMERY CIRCUIT COURT. Judgment nor Defendants and Plaintiff Appeals. On September 14, 1902, T. W. Priest, with M. S. Tyler as surety, ¡executed -a note to the appellant bank for $1,160.80, due in four months. On January 15, 1894, Priest deposited in said bank to his credit $1,201.35. The cashier of the bank charged said note to said deposit which closed the account.
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r.fifty 97 — Action by Exchange Bank on Kentucky against C. F. Thomas, &o., on a Note. APPEAL FROM MONTGOMERY CIRCUIT COURT. Judgment nor Defendants and Plaintiff Appeals. On September 14, 1902, T. W. Priest, with M. S. Tyler as surety, ¡executed -a note to the appellant bank for $1,160.80, due in four months. On January 15, 1894, Priest deposited in said bank to his credit $1,201.35. The cashier of the bank charged said note to said deposit which closed the account. Afterwards and within six months .the Mt. Sterling National Bank instituted a suit under th-e act of 1856, asking to have said…
1Opinion of the Court
*834Opinion op the court ®y
CHIEF JUSTICE BUiRNAM
Reversing.
This action was instituted by the appellant, the Exchange Bank of Kentucky, against the appellees, C. F. Thomas, administrator of T. W. Priest, .and M. S. Tyler, on the 15th day of July, 1902, to recover a judgment upon a note for $1,160.80 executed to the bank by T. W. Priest, deceased, with appellee M. S. Tyler as his security, which matured on the 14th of January, 1893, subject to a credit of $708.90 as of 1st of May, 1902. The defendant, M. S. Tyler, for answer, said that he was only the security for T. W. Priest for the note sued on,…
2Cases cited6 opinions
- Coleman v. WalkerCourt of Appeals of Kentucky · 1860
- Pursifull v. Pineville Banking Co.Court of Appeals of Kentucky · 1895
- Newton v. CarsonCourt of Appeals of Kentucky · 1882
- Northern Bank v. Farmers' Nat. BankCourt of Appeals of Kentucky · 1901
- Kennedy v. Foster'sCourt of Appeals of Kentucky · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Sparkman's Guardian v. HuffCourt of Appeals of Kentucky (pre-1976) · 1936
- American Ins. Co. v. CombsCourt of Appeals of Kentucky (pre-1976) · 1943