Legal Opinion

Traders Deposit Bank v. Day

Court of Appeals of Kentucky

Decided January 7, 1899PublishedCited by 3 opinions

Case 23 — ACTION ON A PROMISSORY NOTE The debt remaining unpaid, a renewal note is mere evidence of an extension of the credit. Daniel on Negotiable Instruments, vol. 1, sec. 205; First National Bank of Covington v. Gaines, &c., 87 Ky., 597; Carter v. Bank of Columbia, 12 Ky.

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Case 23 — ACTION ON A PROMISSORY NOTE The debt remaining unpaid, a renewal note is mere evidence of an extension of the credit. Daniel on Negotiable Instruments, vol. 1, sec. 205; First National Bank of Covington v. Gaines, &c., 87 Ky., 597; Carter v. Bank of Columbia, 12 Ky. Law Rep., 968; Stratton v. McMakin, 84 Ky., 641. The demurrer to the amended petition should have been sustained, first, because the former plea of non est factum to the renewal of the note was not withdrawn or explained; second, no date is alleged when the original note was executed or delivered or when due or what sums…

1Opinion of the Court

JUDGE DuRELLE

delivered tiie opinion .of the court.

Appellant brought suit against appellees, Day, Green-wade, and Collinsworth, upon a note dated December 8, 1880, for $183, at 90 days. Greenwade filed an answer, pleading non est factum. Appellant filed an amended petition, to which a demurrer was sustained; and appellant declining to plead further, or to offer proof, its petition *220was dismissed. The sufficiency of the amended petition is the sole question presented for decision by the briefs.

The point made in the trial court upon the demurrer appears to have been that the amendment was a…

2Cases cited2 opinions

  1. First National Bank v. GainesCourt of Appeals of Kentucky · 1888
  2. Stratton v. McMakinCourt of Appeals of Kentucky · 1879

3Cited by3 opinions

  1. Ritchie County Bank v. BeeWest Virginia Supreme Court · 1907
  2. Ramsey v. Utica Deposit BankCourt of Appeals of Kentucky · 1913
  3. Whitaker v. First National BankCourt of Appeals of Kentucky · 1915

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