Bemiss v. Robertson
Court of Appeals of Kentucky
CASE 49. — ACTION ON TWO PROMISSORY NOTES BY MARGARET W. ROBERTSON AND OTHERS AGAINST B. B. BEMISS AND OTHERS. Appeal from 'Warren Circuit Court. John M. Galloway, Circuit Judge. From the judgjueut both parties appeal.
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CASE 49. — ACTION ON TWO PROMISSORY NOTES BY MARGARET W. ROBERTSON AND OTHERS AGAINST B. B. BEMISS AND OTHERS. Appeal from 'Warren Circuit Court. John M. Galloway, Circuit Judge. From the judgjueut both parties appeal. POINTS AND AUTHORITIES. 1. All errors that may have been committed by the court below, except as- to the right of set-off, are specifically, and expressly waived by appellant. 2. A note executed prior to the Negotiable Instrument act of 1904, is subject to all defenses. 3. The original obligee, being the holder, failure of consideration is a good defense. 4. Payment to Potter,…
1Opinion of the Court
Opinion op the Court by
John D. Carroll. Commissioner.
On September 28, 1903, the appellants purchased at decretal sale a tract of land in Warren county, and executed to the master commisisoner two bonds for the purchase money, of $4,000 each, due, respectively, on the 28th day of March, 1904, and' on the 28th day of September, 1904. J. E. Potter became the surety in both the bonds. When the first bond fell due, the surety, Potter, paid to the commissioner $1,942.51, the amount necessary to pay thei heirs who did not purchase the land, their interest in' the proceeds', and *399appellants executed…
2Cases cited1 opinion
- Richie v. CralleCourt of Appeals of Kentucky · 1900
3Cited by1 opinion
- St. Matthews Bank & Trust Co. v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1934