Greenwell v. Haydon
Court of Appeals of Kentucky
Case 68 APPEAL FROM NELSON CIRCUIT COURT. 1. It is clearly shown that the Bond in controversy was taken from appellant without his consent. The allegations of appellee’s petitipn are fatal to his demand. 2. The bond had been past due for several years, and was not passed toappellee in discharge of a pre-existing debt.
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Case 68 APPEAL FROM NELSON CIRCUIT COURT. 1. It is clearly shown that the Bond in controversy was taken from appellant without his consent. The allegations of appellee’s petitipn are fatal to his demand. 2. The bond had been past due for several years, and was not passed toappellee in discharge of a pre-existing debt. (May v. Quimbey, 3, Bush, 96; Lee v. Smead, 1 Met., 634; Alexander v. Springfield Bank, 2 Met., 535.) • 1. The fact that the paper was overdue'does not affect appellee’s right to- . enforce his lien upon it. 2. A bona fide purchaser for value of a negotiable bond may hold it…
1Opinion of the Court 1
JUDGE COFER
delivered the opinion of the court.
Pursuant to proper legislative authority, the county court of Nelson county, on the 3-1 st of August, 1856, issued coupon bonds to the amount of one hundred thousand dollars, for and on behalf of the first, fifth, and ninth election precincts in said county, payable January I, 1872, to the-order of the president of. the Bardstown and Louisville Railroad Company.
The appellant was the owner of one of these bonds (numbered 13) for one thousand dollars, indorsed in blank by the-president of the railroad company, which he deposited with E. B. Smith for…
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