Powers v. Hardesty

Opinion of the Court by

Judge Clay

Reversing.

On March. 1, 1927, C. T. Scott executed and delivered to Lucy Powers Ms promissory note for $771.25, payable eighteen months after date. For value, and before maturity, the note was indorsed and transferred to J. A. Hardesty by Lucy Powers and O. P. Powers. On June 28, 1929, Scott, the payor, paid Hardesty $112.61.

The balance due on the note not having been paid at maturity, Hardesty brought suit in the Boyd circuit court against Scott, the payor, and the indorsers, Lucy Powers and O. P. Powers, to recover on the note. Lucy Powers and O. P. Powers…