Farmers' Bank & Trust Co. v. Newland
Court of Appeals of Kentucky
Case 70 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Even admitting that the answer of the appellant presented no defense, the petition of appellee would entitle him only to nominal damages, there being no averment that the certificate of deposit could have been collected at any time after the appellant received it for collection, nor that by reason of the surrender of the certificate or the failure to collect it the appellee has lost the amount thereof or any…
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Case 70 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. 1. Even admitting that the answer of the appellant presented no defense, the petition of appellee would entitle him only to nominal damages, there being no averment that the certificate of deposit could have been collected at any time after the appellant received it for collection, nor that by reason of the surrender of the certificate or the failure to collect it the appellee has lost the amount thereof or any part of it. (Story on Agency, secs.’ 222, 236.) 2. The appellant bank in undertaking the collection of the certificate of…
1Opinion of the Court
.JUDGE PAYNTER
demvered the opinion oe the court.
By this action appellee sought to recover of appellant bank, damages for its alleged failure to collect a certain certificate of deposit wbicb had been issued to him by the Pineville Banking Co. for the sum of five hundred dollars, and which he had delivered to the appellant bank for collection before the maturity of the certificate, which certificate matured on the 18th day of July, .1893. It is alleged in.the petition that the appellant did not present the certificate of deposit until July 24th, 1893, “and that defendant on said day…
2Cases cited1 opinion
- Lester & Co. v. Given, Jones & Co.Court of Appeals of Kentucky · 1871
3Cited by21 opinions
- Jefferson County Savings Bank v. HendrixSupreme Court of Alabama · 1906
- Jensen v. Laurel Meat Co.Montana Supreme Court · 1924
- Kershaw v. LaddOregon Supreme Court · 1899
- Spokane Valley State Bank v. LutesWashington Supreme Court · 1925
- San Francisco National Bank v. American National Bank of Los AngelesCalifornia Court of Appeal · 1907
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