Rudd v. Deposit Bank of Owensboro
Court of Appeals of Kentucky
Case 56 — ACTION ON NOTE 3. The judgment against Slack is an individual one. This was erroneous. Fultz v. Fox, 9 B. M., 502; Beaumont v. Miller, 1 Met., 71; Graham v. Samuel, 1 Dana, 166; Rogers v. Bradford, 8 Bush, 165; Horton v. Garrison (Texas), 20 S. W., 773. 2. As against W. M. Rudd, J. C. Rudd and John Murphy, the petition is defective in failing to aver a promise to pay.
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Case 56 — ACTION ON NOTE 3. The judgment against Slack is an individual one. This was erroneous. Fultz v. Fox, 9 B. M., 502; Beaumont v. Miller, 1 Met., 71; Graham v. Samuel, 1 Dana, 166; Rogers v. Bradford, 8 Bush, 165; Horton v. Garrison (Texas), 20 S. W., 773. 2. As against W. M. Rudd, J. C. Rudd and John Murphy, the petition is defective in failing to aver a promise to pay. HufEaker, &c., v. National Bank of Monticello, 12 Bush, 287; Chitty on Pleading, 301-2; Same, p. 363 and vol. 2, p. 388. 3. The petition fails to state plaintiffs act of incorporation. Zable v. Louisville Baptist…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
These two appeals involve the determination of the same points. They are from judgments rendered in suits *445instituted by appellee to recover of William Rudd, as drawer, John Murphy, as indorser, and R. W. Slack, agent for the Rudd estate, as acceptor, certain bills of exchange, which had been protested for nonpayment. The same defenses were made in both suits by R. W. Slack, as agent for the Rudd estate, and John Murphy. Slack, as agent for the Rudd estate, answers as acceptor, and says that, before he qualified as agent for that estate, the…
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