Rumbley v. Hall
Court of Appeals of Kentucky
■Case 60 — ACTION O.N NOTE APPEAL PROM TODD CIRCUIT COURT. 1. Section 4223, Kentucky Statutes, being section 34 of article X of the act of November 11, 1892. entitled “Revenue and Taxation,”is unconstitutional and void in so far as -it applies to persons selling patent rights or territory. . 2. One of the notes' in suit was placed' on the footing of a bill of exchange and not being absolutely void, there is no defense plead-able thereto. 3. The allegation of fraud is not…
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■Case 60 — ACTION O.N NOTE APPEAL PROM TODD CIRCUIT COURT. 1. Section 4223, Kentucky Statutes, being section 34 of article X of the act of November 11, 1892. entitled “Revenue and Taxation,”is unconstitutional and void in so far as -it applies to persons selling patent rights or territory. . 2. One of the notes' in suit was placed' on the footing of a bill of exchange and not being absolutely void, there is no defense plead-able thereto. 3. The allegation of fraud is not sustained by the evidence, hut the trade and transaction were full and made with full knowledge of the facts by appellee,…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
On October 21, 1893, appellee, J. H. Hall, executed to appellant H. W. Rumbley two notes, each for $150, payable at the Farmers’ & Merchants’ Bank of Elkton, Ky. Rumbley sold and assigned the notes to the appellant, the Landis Banking Company. The notes were executed for a patent right called the “California Kitchen Cabinet.” The words “peddler’s note” were not written or printed across the face of either of them. Hall claimed they were obtained from him by fraud, and that they were void, under section 4223, Kentucky Statutes, because the words…
2Cases cited3 opinions
- Bohon's Assignee v. BrownCourt of Appeals of Kentucky · 1897
- Nunn v. Citizens BankCourt of Appeals of Kentucky · 1899
- Commonwealth v. PettyCourt of Appeals of Kentucky · 1895
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- Board Trustees Erlanger Graded Common School District v. TateCourt of Appeals of Kentucky · 1913
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- Johnson v. City of FultonCourt of Appeals of Kentucky · 1905
- National Bank of the Republic v. CurrentCourt of Appeals of Kentucky · 1911
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