Ryan v. Logan County Bank
Court of Appeals of Kentucky
Appeal from Logan Circuit Court. R. A. Miller, Special Judge. Judgment for defendant. Plaintiff appeals POINTS AND CITATIONS. 1. The defense that an assignment of a judgment was made with intent to defraud defendant and other creditors of the assignor is inconsistent with the defense that a prior assignment, subject to which that assignment was made, was intended tc secure debts due to defendant amounting to much more than the amount of t'he original judgment. 2. Where the…
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Appeal from Logan Circuit Court. R. A. Miller, Special Judge. Judgment for defendant. Plaintiff appeals POINTS AND CITATIONS. 1. The defense that an assignment of a judgment was made with intent to defraud defendant and other creditors of the assignor is inconsistent with the defense that a prior assignment, subject to which that assignment was made, was intended tc secure debts due to defendant amounting to much more than the amount of t'he original judgment. 2. Where the proceeds of a judgment were deposited in bank under an agreement by the bank to hold the fund pending a determination of…
1Opinion of the Court
Opinion of the Court by
Judge Nunn
Reversing.
On October 17, 1893, C. H. Ryan recovered a judgment in tbe Logan circuit court against F. J. Baird for tbe sum of $1,666.66, with interest from March 16, 1887. On tbe next day be assigned tbe judgment to one H. B. Oaldwell, with tbe following writing, to wit; “For value received, I hereby sell and assign to H. B. Oaldwell the judgment rendered in this action, on October 17, 1893, in my favor, for sixteen hundred sixty-six and 66-100 dollars, with- interest from March 16, 1887, and against tbe plaintiff, F. J. *628Baird, and all executions to be issued…
2Cases cited3 opinions
- Strader v. LambethCourt of Appeals of Kentucky · 1847
- Albro v. RobinsonCourt of Appeals of Kentucky · 1892
- Bickel v. JudahCourt of Appeals of Kentucky · 1882
3Cited by4 opinions
- Barker v. Illinois Surety Co.Court of Appeals of Kentucky · 1916
- Bickel v. JudahCourt of Appeals of Kentucky · 1882
- Caldwell v. RyanCourt of Appeals of Kentucky · 1917
- Garner v. GarnerCourt of Appeals of Kentucky · 1883