Powell v. Flanary
Court of Appeals of Kentucky
Case 52 — Action on a Note APPEAL FROM CALDWELL CIKCUTT COTJBT. Judgment for Dependants and Plaintiffs .Appeal. CLASSIFICATION AND AUTHORITIES. 1. Answer intending to plead illegality of contract, and duress, or either, should set up the facts relied on. Paragraph of answer, here, fails to do this. Civil' Code, sec. sustaining general demurrer to it. Civil Code, sec. 114; also 95 sub. sec. 2; 1 Ency.
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Case 52 — Action on a Note APPEAL FROM CALDWELL CIKCUTT COTJBT. Judgment for Dependants and Plaintiffs .Appeal. CLASSIFICATION AND AUTHORITIES. 1. Answer intending to plead illegality of contract, and duress, or either, should set up the facts relied on. Paragraph of answer, here, fails to do this. Civil' Code, sec. sustaining general demurrer to it. Civil Code, sec. 114; also 95 sub. sec. 2; 1 Ency. PI. & Pr., 835. 2. The rule that an agreement to stifle criminal prosecution is void does not render void a security given as amends for the civil wrong. Bishop on Contracts (l«ed.), sec. 474;…
1Opinion of the Court
Opinion op the coubt by
JUDGE BURNAM
Revebsing:
Appellants employed J. M. Flanary to buy wheat for them in the year 1896, and1 gave him two blank checks on. the first National Bank of Princeton, with the firm’s signature attached thereto, to be used by him in paying for the-wheat which he was expected to purchase, and1 which were-■to be returned to them if he failed to buy the wheat. J. M. Flanary filled up one of these checks to himself, and collected the money thereon, and appropriated it to his own use. Subsequently the note sued on was executed by J. M. Flanary, with S. Hodge and E. C.…
2Cases cited5 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1868
- Evans v. StoneCourt of Appeals of Kentucky · 1882
- Ford v. CrattyIllinois Supreme Court · 1869
- Plant v. GunnU.S. Circuit Court for the Southern District of Georgia · 1874
- Hurst v. EverettU.S. Circuit Court for the District of Western North Carolina · 1884
3Cited by5 opinions
- Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Moore v. DamronCourt of Appeals of Kentucky · 1914
- Utterback v. Farmers' National BankCourt of Appeals of Kentucky (pre-1976) · 1929
- Higgins v. SowardsCourt of Appeals of Kentucky · 1914
- Archie v. BrownCourt of Appeals of Kentucky · 1919