Graham v. Tilford & Barkley
Court of Appeals of Kentucky
CASE 23 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. The facts are stated in the opinion of tbe court. No legal right passed to Tilford & Barkley by the assignment of the account to them. McMurtry was the holder of the legal title, and they of the equity. He is one of the plaintiffs. Graham was the legal holder of the note before he had notice of Tilford & Barkley’s equitable interest in the account.
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CASE 23 — PETITION ORDINARY APPEAL PROM BOYLE CIRCUIT COURT. The facts are stated in the opinion of tbe court. No legal right passed to Tilford & Barkley by the assignment of the account to them. McMurtry was the holder of the legal title, and they of the equity. He is one of the plaintiffs. Graham was the legal holder of the note before he had notice of Tilford & Barkley’s equitable interest in the account. Mc-Murtry was insolvent when his note was assigned to Graham, who was the holder of it when the suit was brought; it was a subsisting demand when his answer was filed. The note is unpaid…
1Opinion of the Court
JUDGE DUVALL
delivered the ofinion of the court:
McMurtry held a claim, due by account, against Graham, amounting to $1,262 71, for castings, &c., furnished by the former to the latter. At the foot of the account is an order from McMurtry to Graham, in favor of Tilford & Barkley for the whole amount, which order is without date.
This action was brought by Tilford & Barkley and McMur-try against Graham, upon the account, the two former claiming the demand, as assignees of McMurtry, under the order.
Graham answered, relying, among other matters of defense, upon a note which had been executed by…
2Cases cited3 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Wathen's v. ChamberlinCourt of Appeals of Kentucky · 1839
- Otwell v. CookCourt of Appeals of Kentucky · 1849
3Cited by7 opinions
- Vaughan v. LemoineMassachusetts Supreme Judicial Court · 1953
- Bacon v. BaconMassachusetts Supreme Judicial Court · 1929
- Merchants' National Bank v. Robinson & Co.Court of Appeals of Kentucky · 1895
- McBrayer v. DeanCourt of Appeals of Kentucky · 1897
- Reeve v. BlatchleyUtah Supreme Court · 1944
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