American National Bank v. Morey
Court of Appeals of Kentucky
Case 104 — Action to Recover Damages for Defendant’s Wrongful Refusal to Honor Plaintiff’s Check. APPEAL FROM JEFFERSON CIRCUIT COURT. COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals.
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Case 104 — Action to Recover Damages for Defendant’s Wrongful Refusal to Honor Plaintiff’s Check. APPEAL FROM JEFFERSON CIRCUIT COURT. COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. POINTS. 1. The motive with which a contract to pay money is violated, is not material, and, ought not to authorize the infliction of punitive damages. 2. Where malice is alleged, in an action for breach of contract, it must be proved, and in the absence of such proof an instruction to find punitive damages hypothecated upon malice, is error. 3. Refusal to submit to the jury the question of…
1Opinion of the Court
Opinion ok .the court by
JUDGE HOBSON
Reversing.
On April 1, 1900. .'Joseph W. .Morey deposited with appellant, tine American National Bank, $150 to the credit oí the appellee, Virginia R. Morey, who was his wife. In the latter part of April. Morey raised a check given him by Belknap & Co. from $800 to $1.800, and drew the money on it from appellant. On May 4th he committed suicide. Appellant' settled with Belknap & Co. for the loss. On May 24th appellee deposited with the bank $72, and this was credited on her pass book underneath the $150 which had theretofore been entered on it. In the month…
2Cases cited6 opinions
- Patterson v. Marine N. BankSupreme Court of Pennsylvania · 1889
- First National Bank v. MasonSupreme Court of Pennsylvania · 1880
- Bank of Commerce v. GoosNebraska Supreme Court · 1894
- Svendsen v. State BankSupreme Court of Minnesota · 1896
- Atlanta National Bank v. DavisSupreme Court of Georgia · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wiley v. Bunker Hill National BankMassachusetts Supreme Judicial Court · 1903
- Westesen v. Olathe State BankSupreme Court of Colorado · 1925
- Grenada Bank v. LesterMississippi Supreme Court · 1921
- Weller v. Western State Bank of WaukomisSupreme Court of Oklahoma · 1907
- Bank of Louisville Royal v. SimsCourt of Appeals of Kentucky (pre-1976) · 1968
4 more not listed; retrieve them via the Exa API.