Green v. Page
Court of Appeals of Kentucky
Case 70 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. That Mrs. Hagan was a feme covert is no reason why judgment should, not have been rendered against her. Her coverture was not relied upon by plea, and therefore a personal judgment should have been obtained.
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Case 70 — EQUITY APPEAL FROM DAVIESS CIRCUIT COURT. That Mrs. Hagan was a feme covert is no reason why judgment should, not have been rendered against her. Her coverture was not relied upon by plea, and therefore a personal judgment should have been obtained. (8 B. Mon., 441; 7 B. Mon., 293; 3 Bush, 660; 1 Met.,. 293; 1 B. Mon., 304; Hardin, 224; Myers’ Code, sec. 137 and 389.) 1. It cannot be denied that, inasmuch as Mrs. Hagan was a married woman, she was not personally bound by the .notes. 2. No judgment against her could have any validity. The case of Hughes v. Brown, 3 Bush, 660, does…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This is an action by the assignees of certain notes against, the assignors, in which it is sought to hold the assignors liable on the implied contract of assignment. The defense is that the assignees did not, with proper diligence, prosecute their legal and equitable remedies against the makers of the notes. The notes were executed by husband and wife for one half interest in a hotel building. In the suits upon the notes, no personal judgment was taken against the wife, and it is insisted that the failure to take such judgment is fatal to the…
2Cited by8 opinions
- Parsons v. SpencerCourt of Appeals of Kentucky · 1885
- Donahue v. RaffertyWest Virginia Supreme Court · 1918
- Spencer v. ParsonsCourt of Appeals of Kentucky · 1890
- Bailey Construction Co. v. CornettCourt of Appeals of Kentucky · 1923
- Noble v. People's Stock & Poultry Feed Co.Court of Appeals of Kentucky · 1920
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