Legal Opinion

Murphey v. Citizens Sav. Bank

Court of Appeals of Kentucky

Decided March 5, 1901Published

Case 27 — Action on Bill of Exchange — APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant, John Murphey, Appeals. SYNOPSIS AND AUTHORITIES. Appellant was sued upon several bills -of exchange upon which he was accommodation endorser. He pleaded that the bills in suit originated in loans by appellee, to his principal, several renewals having been made. That appellee had failed to protest some of the original bills as required, and he had been released.

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Case 27 — Action on Bill of Exchange — APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Plaintiff and Defendant, John Murphey, Appeals. SYNOPSIS AND AUTHORITIES. Appellant was sued upon several bills -of exchange upon which he was accommodation endorser. He pleaded that the bills in suit originated in loans by appellee, to his principal, several renewals having been made. That appellee had failed to protest some of the original bills as required, and he had been released. That one of the bills had been materially- altered .after he signed, and without his knowledge or consent, but with…

1Opinion of the Court

Opinion of the court by

JUDGE BURNAM

Affirming.

This action was instituted by appellee in the Daviess Circuit Court against TV. B. Rudd,‘agent, as acceptor and drawer, and John Murphey, as indorser, of an inland bill of exchange for $2,500, dated May 11, 1895, and due thirty days after date. The suit having been filed the 10th of January, 1896, the defendant Murphey filed an answer and several amended answers, in which he relied upon a number of separate and distinct defenses; all of which, however, seem to have been abandoned 'except one. He says that he was only the accommodation indorser of…

2Cases cited7 opinions

  1. Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
  2. Williams v. ShelbourneCourt of Appeals of Kentucky · 1898
  3. Buckner v. Clark'sCourt of Appeals of Kentucky · 1869
  4. Grey v. Bank of KentuckyCourt of Appeals of Kentucky · 1822
  5. Bank of the U. S. v. LeathersCourt of Appeals of Kentucky · 1849

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