Lyddane v. Owensboro Banking Co.
Court of Appeals of Kentucky
Case 88 — ACTION ON BILL OF EXCHANGE APPEAL J-ROM DAVIESS CIRCUIT COURT. 1. The demurrer to the -petition should have been sustained as there was no averment ,in the petition of any agreement on the part of the appellant to pay. Huffaker v. National Bank of Monticello, 12 Bush, 287; 1st. Chitty Pld., 301-2; Same, 363; vol. 2, p. 383. 2. The demurrer should not have been sustained to the answer. The bill was placed upon the footing of a foreign bill of exchange.
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Case 88 — ACTION ON BILL OF EXCHANGE APPEAL J-ROM DAVIESS CIRCUIT COURT. 1. The demurrer to the -petition should have been sustained as there was no averment ,in the petition of any agreement on the part of the appellant to pay. Huffaker v. National Bank of Monticello, 12 Bush, 287; 1st. Chitty Pld., 301-2; Same, 363; vol. 2, p. 383. 2. The demurrer should not have been sustained to the answer. The bill was placed upon the footing of a foreign bill of exchange. Acts 1885-6, vol. 2, ch. 864, sec. 6. The Kentucky Statutes, sec. 3725, imposed upon notaries the duty of giving the notice of…
1Opinion of the Court
JUDGE DuRELLE
deeivered the opinion of the court.
Appellee bank brought suit on a bill of exchange drawn by Clark on Boyd, accepted by Boyd, payable to the order *708of Slack and appellant Lyddane, indorsed by payees, and purchased and discounted by the bank.
A demurrer to the petition was properly overruled, it being alleged that the payees indorsed the bill by writing their names across the back, and that the plaintiff was the owner and holder thereof. It is unnecessary to allege, in addition, that the indorsement was to plaintiff. Osborne v. Stevens, 15 Wash., 178 [46 Pac., 1027]; 11 Enc. Pl. &…
2Cases cited4 opinions
- Pepperall v. City Park Transit Co.Washington Supreme Court · 1896
- Huffaker v. National BankCourt of Appeals of Kentucky · 1876
- Todd v. Edwards & Co.Court of Appeals of Kentucky · 1869
- D. M. Osborne & Co. v. StevensWashington Supreme Court · 1896