Rudd v. Planters' Bank
Court of Appeals of Kentucky
Case 104— PETITION ORDINARY — APPEAL FROM DAVIESS CIRCUIT COURT. I. The several bills of exchange accepted by appellant, and delivered to the bank after he had become indebted to it, were given in renewal of a prior indebtedness from him to the appellee.
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Case 104— PETITION ORDINARY — APPEAL FROM DAVIESS CIRCUIT COURT. I. The several bills of exchange accepted by appellant, and delivered to the bank after he had become indebted to it, were given in renewal of a prior indebtedness from him to the appellee. (Ilonore’s ex’rs v. Blakewell, &c., 6 B. M., 72; Muer v. Grow, 10 B. M., 282.) 2. The various renewals executed by appellant contained usury, which was carried forward into the bill sued on, hence appellee should recover only the sum actually due at the time the renewals began, deducting all payments made and dividends received. (Smith v.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by appellee on a bill of exchange, dated April 29th, 1872, for ten thousand three hundred and twenty-three dollars and sixty-four cents, drawn ■on J. C. Rudd, by Charles P. and John D. Rudd, payable six months after date to appellee, and accepted by James C. Rudd.
Appellant, James C. Rudd, pleads usury to the full amount ■of the debt, and says that he became indebted to appellee as early as 1869, and that for the several sums due he executed, from time to time, notes or bills, in renewal of the original indebtedness, and…
2Cited by6 opinions
- Taulbee v. HargisCourt of Appeals of Kentucky · 1917
- Paine v. LevyCourt of Appeals of Kentucky · 1911
- Blakeley v. AdamsCourt of Appeals of Kentucky · 1902
- Dexter v. Beaver Dam Deposit BankCourt of Appeals of Kentucky · 1952
- Huntington v. WesterfieldLouisiana Court of Appeal · 1907
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