Legal Opinion
Wagner v. Giles
Court of Appeals of Kentucky
Decided November 22, 2006No. 2005-CA-001846-MR, 2005-CA-002293-MRPublishedCited by 1 opinion
1Opinion of the Court
OPINION
VANMETER, Judge.
Under the Uniform Commercial Code, payment of a promissory note serves to discharge the makers of the note. The question we must resolve in this case is whether a payment, which was later set aside as a preference in bankruptcy, served to discharge the co-makers of a note. We hold that it did not and we therefore reverse and vacate the judgment of the Fayette Circuit Court.
Joy Wagner is Lori Holter’s mother. Between December 1999 and July 2001, Wagner loaned $46,000 to Holter, Ann Giles, and HC Clinical Resources, LLC, d/b/a Paragon Health Alliance (Paragon). In return,…
2Cases cited10 opinions
- Wallace Hardware Company, Inc., Plaintiff-Appellant/cross-Appellee v. Bill Abrams, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 2000
- Coutee v. BrunsonCourt of Appeals for the First Circuit · 1993
- Jurista v. Amerinox Processing, Inc.District Court, D. New Jersey · 2013
- Richardson v. First National Bank of LouisvilleCourt of Appeals of Kentucky · 1983
- Porter v. BedellCourt of Appeals of Kentucky (pre-1976) · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Coles v. GlaserCalifornia Court of Appeal · 2016