Legal Opinion

Burbank v. Posey's administrator

Court of Appeals of Kentucky

Decided November 3, 1870PublishedCited by 2 opinions

Case 75 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. CITED Act of Peb. 35, 1854, 3 Session Acts, 1853-4, p. 431. Ms. Opinion, June, 1857, Church v. Graham. Ms. Opinion, 1845, Wright v. Roberts. 6 B. Monroe, 619, Hunter’s adm’r v. Miller’s ex’r. 1 Metcalfe, 79, Murray, &c. v. Carothers. 1 B. Monroe, 304, Trask v. Roberts. 4 Metcalfe, 398, Whitney y. Suddutli. 3 Bush, 585, Cophart v. Dodd, &c. 3 Bush, 581, Yowell y.

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Case 75 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. CITED Act of Peb. 35, 1854, 3 Session Acts, 1853-4, p. 431. Ms. Opinion, June, 1857, Church v. Graham. Ms. Opinion, 1845, Wright v. Roberts. 6 B. Monroe, 619, Hunter’s adm’r v. Miller’s ex’r. 1 Metcalfe, 79, Murray, &c. v. Carothers. 1 B. Monroe, 304, Trask v. Roberts. 4 Metcalfe, 398, Whitney y. Suddutli. 3 Bush, 585, Cophart v. Dodd, &c. 3 Bush, 581, Yowell y. Dodd, &c. 17 B. Monroe, 489, Taylor, Shelby & Co. v. Williams. 13 B. Monroe, 313, Carson y. Lucas. CITED 8 A. K. Marsh. 185, Bank of Ky. v. Saunders & Wen. 3 Bibb, 397,…

1Opinion of the Court

CHIEP JUSTICE ROBERTSON

delivered the opinion oe the court.

The appellant urges the reversal of a judgment rendered against him by default on the following note:

“ $600. Due to Major F. Posey six hundred dollars, borrowed money, with interest from date — this 3d day of April, 1858. D. R. Burbank,

PresH of the Henderson Coal Co.

Attest: ~W. Rankin.”

The petition charges him as personally liable on the note: and his failure to traverse the charge admits its truth. It is now too late therefore to argue that the coal company and not the appellant is the obligor, according to the legal import of the…

2Cited by2 opinions

  1. Cockrell v. WilliamsMissouri Court of Appeals · 1915
  2. Grady v. PruitCourt of Appeals of Kentucky · 1901

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