Ringo v. New Farmer's Bank's Trustee
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY 1. The allegations of the 5th paragraph of plaintiff’s petition are insufficient. It is not stated that the over-draft sought to be set up was occasioned by the joint check or checks of the defendants, and as pleadings are to be construed most strongly against the pleader, it is to be inferred from the pleading that the over-draft was occasioned by the individual checks of the defendants, there being no allegation of co-partnership. 2. It was the…
Read the full summary
Case 14 — PETITION ORDINARY 1. The allegations of the 5th paragraph of plaintiff’s petition are insufficient. It is not stated that the over-draft sought to be set up was occasioned by the joint check or checks of the defendants, and as pleadings are to be construed most strongly against the pleader, it is to be inferred from the pleading that the over-draft was occasioned by the individual checks of the defendants, there being no allegation of co-partnership. 2. It was the manifest duty of the court to act upon the< motion to file Ringo’s answer before the judgment was rendered in the case.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
The appellee, the Columbia Finance & Trust Co., as trustee of the New Farmers’ Bank, brought an action at law against the appellants, Ringo & Mitchell, on three joint notes executed by them, and upon an overdraft, caused by checks drawn by appellants on said bank. The process was returnable to the January term, 1894, when appellants filed a demurrer to each paragraph of the petition.
It is insisted that the demurrer to the fifth paragraph should have been sustained. It avers that Mitchell & Ringo "drew checks on said New Farmers’ Bank beyond the…
2Cases cited1 opinion
- Warfield v. Gardner's adm'rCourt of Appeals of Kentucky · 1881
3Cited by8 opinions
- Huffman v. StateIndiana Supreme Court · 1915
- State Ex Rel. Tibbals v. District Court of the Ninth Judicial DistrictWyoming Supreme Court · 1930
- Bailey's Administrator v. Hampton Grocery Co.Court of Appeals of Kentucky · 1920
- Doss v. Illinois Central RailroadCourt of Appeals of Kentucky · 1923
- Rose v. Finley'sCourt of Appeals of Kentucky (pre-1976) · 1933
3 more not listed; retrieve them via the Exa API.