Choteau Trust & Banking Co. v. Smith

*419Opinion op the Court by

Judge Hobson

Reversing.

On October 31, 1906, C. T. Smith gave to H. B. Kinsolving a check for $380 on the Deposit Bank of Sadieville, Ky. Kinsolving indorsed.the check to J. B. Dunn, and Dunn indorsed it to the Choteau Trust & Banking Company. The check when presented for payment was protested by the direction of Smith, and the Choteau Trust & Banking Company brought this suit against Smith to recover on the check in the Scott Circuit Court. Á. Hinton on his petition was made a party defendant to the action. He and Smith in defense of the suit charged that the check had…