Bright v. First National Bank
Court of Appeals of Kentucky
Case 87 — ACTION ON PROMISSORY NOTE APPEAL PROM GRAVES CIRCUIT COURT. 1. A valid note pays a debt or note for which it is given. Letcher v. Bank, 1 Dana, 82; Castleman v. Holmes, 4 J. J. Mar., 3. 2. Suit can only be brought on last valid renewal note. Bank v. Gaines, 87 Ky., 597. A party who sues on a renewal note to which the defendants plead non est factum, may by an amended petition set out the execution of the original note and recover upon it.
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Case 87 — ACTION ON PROMISSORY NOTE APPEAL PROM GRAVES CIRCUIT COURT. 1. A valid note pays a debt or note for which it is given. Letcher v. Bank, 1 Dana, 82; Castleman v. Holmes, 4 J. J. Mar., 3. 2. Suit can only be brought on last valid renewal note. Bank v. Gaines, 87 Ky., 597. A party who sues on a renewal note to which the defendants plead non est factum, may by an amended petition set out the execution of the original note and recover upon it. Stratton v. McMakin, 84 Ky., 641; Bank v. Gaines, 87 Ky., 597; Bank v. Cash, &c„ 44 S. W. R., 381.
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
Appellee instituted this action in the Graves circuit court against YY. J., V. E., C. A., and B. F. Bright to recover judgment upon a note for $574.20 of date March 28, 1896, due in four months, credited by $30 paid July 31, 1896.
The defendants, ~V. E., G. A., and B. F. Bright, by answer, denied that they ever signed or delivered the note sued on, or ever promised to pay $574.20, or any part thereof. In the second paragraph of the answer it is alleged, in substance, that the note sued on was given by defendant YY. J. Bright for money which it…
2Cases cited4 opinions
- First National Bank v. GainesCourt of Appeals of Kentucky · 1888
- Stratton v. McMakinCourt of Appeals of Kentucky · 1879
- Kibbey v. JonesCourt of Appeals of Kentucky · 1870
- Marsh v. AlfordCourt of Appeals of Kentucky · 1869
3Cited by3 opinions
- Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938
- Ramsey v. Utica Deposit BankCourt of Appeals of Kentucky · 1913
- Kann v. Peoples State Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1945