Smith's Adm'x v. Northern Bank of Kentucky
Court of Appeals of Kentucky
CASE 45 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. The facts appear in the opinion of the court. Peter Smith and Benjamin Allen were competent witnesses for appellant. {Civil Code, sec. 669; lb., sub-div. 6 of sec. 670.) The court erred in giving and refusing instructions to the jury. Smith and Allen were not competent witnesses for appellant under sub-div. 6 of sec. 670 of the Civil Code.
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CASE 45 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. The facts appear in the opinion of the court. Peter Smith and Benjamin Allen were competent witnesses for appellant. {Civil Code, sec. 669; lb., sub-div. 6 of sec. 670.) The court erred in giving and refusing instructions to the jury. Smith and Allen were not competent witnesses for appellant under sub-div. 6 of sec. 670 of the Civil Code. The evidence in the cause shows conclusively that the judgment against appellant should be affirmed. The verdict in favor of Smith and Allen is sustained by the evidence, and should not be…
1Opinion of the Court
JUDGE STITES
delivered the opinion op the court:
This was an action by the Northern Bank of Kentucky against the appellant, as administratrix of Noah Smith, deceased, who was drawer, and Peter Smith and Ben. Allen as indorsers, and John Richter as acceptor of a bill of exchange for $4,000, of which the bank was the holder.
Richter was never served with process. The other defendants answered severally, and denied the execution of the bill.
Upon the trial in the circuit court the jury returned a verdict for the defendants, Allen and Peter Smith, but against appellant. A new trial was asked for and…
2Cited by5 opinions
- Gaar v. Louisville Banking Co.Court of Appeals of Kentucky · 1874
- City of Henderson v. RedmanCourt of Appeals of Kentucky · 1919
- Matney v. EdmondsCourt of Appeals of Kentucky · 1918
- Roberts v. Louisville Railway Co.Court of Appeals of Kentucky · 1916
- James v. SmithCourt of Appeals of Kentucky · 1924