Legal Opinion

Stevens v. Gregg

Court of Appeals of Kentucky

Decided January 23, 1890PublishedCited by 11 opinions

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

  1. Carlisle v. ChambersCourt of Appeals of Kentucky · 1868
  2. Davis v. Morton, Galt & Co.Court of Appeals of Kentucky · 1868

3Cited by11 opinions

  1. Howard v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
  2. Southern National Bank v. SchimpelerCourt of Appeals of Kentucky · 1914
  3. Redwine's v. RedwineCourt of Appeals of Kentucky · 1914
  4. German National Bank v. ZimmerCourt of Appeals of Kentucky · 1911
  5. Pensacola State Bank v. ThornberryCourt of Appeals for the Sixth Circuit · 1915

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