Clark v. Tanner
Court of Appeals of Kentucky
Case 40 — PETITION ORDINARY APPEAL FROM LINCOLN CIRCUIT COURT 1. The peremptory instruction asked for by appellant should have been given because the admitted facts were: (a) That the notes were payable in Tennessee; (b) that they were inland bills of exchange by -the laws of that State, and (c) that appellant was a bona fide purchaser of said notes for value, before maturity and without notice.
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Case 40 — PETITION ORDINARY APPEAL FROM LINCOLN CIRCUIT COURT 1. The peremptory instruction asked for by appellant should have been given because the admitted facts were: (a) That the notes were payable in Tennessee; (b) that they were inland bills of exchange by -the laws of that State, and (c) that appellant was a bona fide purchaser of said notes for value, before maturity and without notice. (Daniel on Negotiable Instruments, sec. 819.) 2. The misrepresentations alleged in the first paragraph of the answer were not in respect to any past or existing fact, and were therefore not available…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
This action was brought in Lincoln Circuit Court by appellant T. B. Clark to recover amount of two promissory notes executed in 1890 by appellee K. L. Tanner, *277and made payable to Alice W. Crowder or order for deferred payments of a lot of land in the town of Rock-wood, Tennessee, which she sold and conveyed to him. Appellant also seeks recovery on the following stipulations contained in each of the contracts: “If necessary to resort to law to enforce the payment of this note, I agree to pay all costs of litigation together with reasonable…
2Cases cited1 opinion
- Witherspoon v. MusselmanCourt of Appeals of Kentucky · 1878
3Cited by6 opinions
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Fry Bros. v. TheoboldCourt of Appeals of Kentucky · 1924
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Green v. WilkieSupreme Court of Iowa · 1896
- C. I. T. Corporation v. Studebaker Sales of Ky.Court of Appeals of Kentucky (pre-1976) · 1933
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