Smith v. Doherty
Court of Appeals of Kentucky
Case 90 — Action on a Promissory Note APPEAL PROM WARREN CIRCUIT COURT. Judgments for Dependants and Plaintiffs Appeal. 1.We contend that the plea of “No consideration,” and one of non est factum, “are inconsistent, and that the court erred in not sustaining the motion of appellants to require the defendants to elect — and that this is a reversible error. Braun v. Braun, 19 Ky.
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Case 90 — Action on a Promissory Note APPEAL PROM WARREN CIRCUIT COURT. Judgments for Dependants and Plaintiffs Appeal. 1.We contend that the plea of “No consideration,” and one of non est factum, “are inconsistent, and that the court erred in not sustaining the motion of appellants to require the defendants to elect — and that this is a reversible error. Braun v. Braun, 19 Ky. Law Rep., p. 1814; Rooney v. Tierney, 82 Ky., 253; Civil Code, sec. 113, sub-sec. 4. POINTS AND CITATIONS. 1. Two or more pleas may be made if all may be shown to be true, and are inconsistent only when the proof of…
1Opinion of the Court
Opinion- op the court by
JUDGE O’REAR
Affirming.
Appellants sued appellees as executors of A. G. Doherty, declaring upon the following promissory note: “$850.00. On the 10th day of March, 1898, I promise to pay to the order of C. C. and Bettie R. Smith eight hundred and fifty dollars, for value received in borrowed money, bearing interest at the rate of six per" cent, from date until paid. This March 10, 1896. A. G. Doherty.’’ Appellees, by their answer, interposed the pleas of non est factum and no consideration. A motion to compel them to elect between these two pleas was made, but overruled…
2Cases cited3 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Andrews v. Hayden's Adm'rCourt of Appeals of Kentucky · 1889
- Cutter & Co. v. ReynoldsCourt of Appeals of Kentucky · 1848
3Cited by4 opinions
- First National Bank v. Wisdom's ExecutorsCourt of Appeals of Kentucky · 1901
- Walsh v. PearceCourt of Appeals of Kentucky · 1912
- Torian v. CaldwellCourt of Appeals of Kentucky · 1917
- Cornett v. LarkCourt of Appeals of Kentucky · 1924