Legal Opinion

American National Bank v. Smallhouse

Court of Appeals of Kentucky

Decided March 21, 1902PublishedCited by 1 opinion

Case 21 — Action to Hold Defendants Liable Upon their Indorsement of a Promissory Note. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. This action was based upon the indorsement by C. G. Small-house of a promissory note for $5,000 payable to appellant bank.

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Case 21 — Action to Hold Defendants Liable Upon their Indorsement of a Promissory Note. APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. This action was based upon the indorsement by C. G. Small-house of a promissory note for $5,000 payable to appellant bank. The note became due June 21, 1900; part of the makers were adjudged bankrupts in December 1900, and the remainder prosecuted to insolvency at the February term, 1901. Appellee admitted the indorsement and pleaded release by appellant’s failure to sue at the November term. In anticipation of this plea…

1Opinion of the Court

Opinion of the court by

JUDGE BURNAM

Reversing.’

This suit was instituted by the American. National Rank of Louisville against the defendant, C. G. Small-house, seeking to hold him liable upon his indorsement of a promissory note for $5,500., payable to the bank, alleg*149ing that a part oí the makers of the note had been adjudged bankrupts in December, 1900, and that the remainder had been prosecuted to insolvency at the February term, 1901,' of the Warren circuit court. The appellee, Smallhouse, in his answer, admitted that he had indorsed the note, but pleaded that he had been released, from all…

2Cases cited3 opinions

  1. Krachts's Administrator v. ObstCourt of Appeals of Kentucky · 1878
  2. Hume v. BrownCourt of Appeals of Kentucky · 1835
  3. Rives v. BrownCourt of Appeals of Kentucky · 1884

3Cited by1 opinion

  1. Dotson v. OwsleyCourt of Appeals of Kentucky · 1911

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