Stevens v. Gregg
Court of Appeals of Kentucky
Case 69 — PETITION ORDINARY APPEAL PROM. CAMPBELL CIRCUIT COURT. 1. The right of set-off pertains to the remedy, and is governed by the law of the place where the action is brought.
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Case 69 — PETITION ORDINARY APPEAL PROM. CAMPBELL CIRCUIT COURT. 1. The right of set-off pertains to the remedy, and is governed by the law of the place where the action is brought. (Davis v. Morton, 5 Bush, 161; Kelly v. Smith, 1 Met., 317; Bank v. Trimble, 6 B. M., 603; Beard v. Boyse, 7 B. M., 144; Bank v. Hemingray, 31 Ohio State, 168; Ingraham v. Arnold, 1 J. J. Mar., 407; Bank of Galipolis v. Trimble, &c., 6 B. M., 601; Kelly & Co. v. Smith & Shot-well, 1 Met., 317; 2 Kent’s Com., 462; McDonald v. Underhill, 10 Bush, 588; Wait’s Actions and Defenses, vol. 7, p. 474; Lavary v. Lavary, 3…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The appellant executed and delivered to W. E. Hampton the following note:
“Persimmon Grove, August 14, 1882.
“Twelve months after date I promise to pay to the order of W. E. Hampton ninety-three dollars, at Exchange National Bank, Cincinnati, Ohio; value received, &c.
“J. J. Stevens.”
This note was indorsed and delivered to the appellees in the State of Ohio before its maturity for a valuable consideration, and without any knowledge or information of the existence of the note executed by the payee to the payor, which note the latter attempts to…
2Cases cited2 opinions
- Carlisle v. ChambersCourt of Appeals of Kentucky · 1868
- Davis v. Morton, Galt & Co.Court of Appeals of Kentucky · 1868
3Cited by11 opinions
- Howard v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
- Southern National Bank v. SchimpelerCourt of Appeals of Kentucky · 1914
- Redwine's v. RedwineCourt of Appeals of Kentucky · 1914
- German National Bank v. ZimmerCourt of Appeals of Kentucky · 1911
- Pensacola State Bank v. ThornberryCourt of Appeals for the Sixth Circuit · 1915
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