Traders Deposit Bank v. Henry
Court of Appeals of Kentucky
Case 90 — ACTION ON PROMISSORY NOTE 1. It was error to overrule plaintiff’s demurrer to the answer. The promise of Davis, if any was made, was not in writing. Ky. Stat., sec. 470-4. 2 The court erred in overruling plaintiff’s motion to- strike from the answer the averment that Thompson agreed to release defendants. It is not alleged that Thompson was acting for the hank.
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Case 90 — ACTION ON PROMISSORY NOTE 1. It was error to overrule plaintiff’s demurrer to the answer. The promise of Davis, if any was made, was not in writing. Ky. Stat., sec. 470-4. 2 The court erred in overruling plaintiff’s motion to- strike from the answer the averment that Thompson agreed to release defendants. It is not alleged that Thompson was acting for the hank. Morse on Banks and Banking, vol. 1, sec. 144. 3. It was error to permit filing of amended answer changing the issue. The amended answer does not allege a defense, especially it does not show that defendants signed their names…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
Upon the conclusion of the evidence in this case the court instructed the jury by word of mouth. The plaintiff requested the court to instruct them in writing, but this the court refused to do; and, the jury having found against the plaintiff, he assigned this as ground for a new trial, which having been refused by the court he prosecutes this appeal.
The Code of 1854 contained this provision (section 847): “When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the…
2Cited by7 opinions
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
- Helge v. BabeyCourt of Appeals of Kentucky (pre-1976) · 1929
- Deer Creek Mining Co. v. MooreCourt of Appeals of Kentucky · 1923
- Miller v. NoellCourt of Appeals of Kentucky · 1922
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