Legal Opinion

Gilbert v. Brown

Court of Appeals of Kentucky

Decided November 8, 1906PublishedCited by 7 opinions

Case 94. — ACTION BY LYDIA BROWN AGAINST JOHN H. GILBERT AND OTHERS ON A NOTE. — Appeal from Clay Circuit Court. II. C. Faulkner, Circuit Judge. Judgment for Plaintiff. Defendant appeals. AUTHORITIES CITED. Robinson v. Robinson, 11 Bush, 174; Chaney v. Flynn, 2 R., 417; Bagby v. Bagby, 10 R., 540; Green v. Page, &c., 80 Ky., 368; Ruppel v. Kissel, 24 R., 237; Wm. Dearing Co. v. Veal, 25 Ky.

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Case 94. — ACTION BY LYDIA BROWN AGAINST JOHN H. GILBERT AND OTHERS ON A NOTE. — Appeal from Clay Circuit Court. II. C. Faulkner, Circuit Judge. Judgment for Plaintiff. Defendant appeals. AUTHORITIES CITED. Robinson v. Robinson, 11 Bush, 174; Chaney v. Flynn, 2 R., 417; Bagby v. Bagby, 10 R., 540; Green v. Page, &c., 80 Ky., 368; Ruppel v. Kissel, 24 R., 237; Wm. Dearing Co. v. Veal, 25 Ky. L. R., 1809; Skinner v. Lynn, 21 R., 185, 23 R., 2193, 20 R., 1360. Our contentions are thus briefly stated: 1. Every gift, conveyance, assignment, transfer or charges made by the debtor of or upon any of…

1Opinion of the Court

Opinion by

Judge Lassing

Reversing.

In December, 1891, W. H. Brown and Nancy-Brown, Ms wife, executed a note to F. M. Brown for $200. -In December, 1895, tMs note was renewed for $264; tMs being tbe amount due on said note. After tbe execution of this second note, W. IT. Brown died, and Nancy Brown executed and delivered to F. M. Brown ber note for $285.12 in satisfaction of tbe note which be held against her and ber deceased bus-band; thereafter, she paid through Lee Brown, ber son, $50 on this note. F. M. Brown assigned and transferred this note to Lydia D. Brown, Ms wife. No further payments…

2Cases cited2 opinions

  1. Chaney v. FlynnCourt of Appeals of Kentucky · 1881
  2. Price v. KeeneyCourt of Appeals of Kentucky · 1884

3Cited by7 opinions

  1. Citizens' Trust Co. v. McDougaldTennessee Supreme Court · 1915
  2. Newman & Snell's State Bank v. HunterMichigan Supreme Court · 1928
  3. Citizens' National Bank of Somerset v. DodsonCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Saunders v. PowellCourt of Appeals of Texas · 1933
  5. Price v. KeeneyCourt of Appeals of Kentucky · 1884

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