Eversole v. Moore
Court of Appeals of Kentucky
CASE 17 — PETITION ORDINARY — APPEAL PROM PERRY CIRCUIT COURT. CITED— MSS. Opinion, Brannaman vs. Palmer, note b, Myers' Code, p. 379. 4 Metcalfe, 57; True vs. Triplett. Civil Code, secs. 128, 125. Revised Statutes, title “ Contracts.”
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CASE 17 — PETITION ORDINARY — APPEAL PROM PERRY CIRCUIT COURT. CITED— MSS. Opinion, Brannaman vs. Palmer, note b, Myers' Code, p. 379. 4 Metcalfe, 57; True vs. Triplett. Civil Code, secs. 128, 125. Revised Statutes, title “ Contracts.” CITED— Civil Code, sec. 128. 2 Metcalfe, 143; Shropshire vs. Conrad. 4 Metcalfe, 175. Hardin, 150; Morrison’s ex’r vs. Hart. 3 Bibb, 49; Williams vs. Gilcrist. 3 Marshall, 34; Farquhar vs. Collins. 5 Littell, 3; Pemberton vs. Brown. 2 Dana, 269; Hanna Sp Co. vs. Pleasants, Spc.
1Opinion of the Court
JUDGE ROBERTSON
delivered tiie opinion of the court:
To an action against the appellant, as administratrix of her deceased husband, to recover the amount of two promissory notes for money, executed by the intestate to Allen Moore, who assigned them to the appellee, she resisted a judgment by pleading a set-off of a specific sum equal to that sued for, which she claimed on her allegation, that, in 1862, before the assignment of the notes, the obligee, as a private citizen, on his own responsibility, and without any order or authority whatever, went to the intestate’s residence, and, by force,…
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