Gilmore v. Green
Court of Appeals of Kentucky
Case 58 — PETITION APPEAL PROM BOONE CIRCUIT COURT. 1. The action on the new promise was not barred by the five years’ statute, section 2, article 3, chapter 71, General Statutes, because the new promise was in writing. 2. This new promise exonerated appellant from any laches of which he might have been guilty in prosecuting suit against the maker of the note.
Read the full summary
Case 58 — PETITION APPEAL PROM BOONE CIRCUIT COURT. 1. The action on the new promise was not barred by the five years’ statute, section 2, article 3, chapter 71, General Statutes, because the new promise was in writing. 2. This new promise exonerated appellant from any laches of which he might have been guilty in prosecuting suit against the maker of the note. (Landrum v. Trowbridge, Dwight & Co., 2 Met. 281.) 3. In order to exclude the parol evidence as to the suit in Missouri, it must have been objected to at the time it was offered. (Terrill v. Jennings, 1 Met. 450; Helburn & Co. v.…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant brought this suit to charge the appellee as the indorser of a negotiable note.
The appellee denied his liability in that capacity, and no effort was made to sustain the allegations of the petition by *774evidence. But tlie appellant amended his petition and sought to charge him as the assignor of a non-negotiable note, and also upon a promise in writing to pay the assigned note.-
The appellee, among other defenses, pleaded the statute of. limitation of five years. The law and facts were submitted to the court, and t on was dismissed.
That…
2Cases cited2 opinions
- Hopkins v. StoutCourt of Appeals of Kentucky · 1869
- Ogden v. ReddCourt of Appeals of Kentucky · 1877
3Cited by9 opinions
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Pool v. First Nat. Bank of PrincetonCourt of Appeals of Kentucky (pre-1976) · 1941
- Brown's Admr v. OsborneCourt of Appeals of Kentucky · 1910
- Thornton's Adm'r v. Minton's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933
- Whayne Supply Co. v. GregoryCourt of Appeals of Kentucky (pre-1976) · 1956
4 more not listed; retrieve them via the Exa API.