First Nat. Bank of Pikeville v. Varney

Opinion of the Court by

Judge Tilford

Affirming.

On February 6, 1933, appellant, claiming to be a holder in due course, sued appellee on the contract created by her indorsement of four promissory notes dated October 3, 1924, executed by Ferd H. Varney and payable to the order of W. P. T. Varney, in one, three, five and seven years after* date, respectively. Three defenses were interposed, namely, the five year Statute of Limitation, appellee’s discharge in bankruptcy, and the failure of the holder,of the notes at their maturity to give or cause to be given, notice of their dishonor. The first…