Carter v. Mitchell
Court of Appeals of Kentucky
Case 40 — PETITION ORDINARY — The indorsement of the name of Bowers & Carter on the note fixed their liability as assignors if it was a simple promissory note, or as indorsers if it had been placed on the footing of a foreign hill of exchange; and to admit parol testimony of any other liability is to change that evidenced by the indorsement. (Macklin v. Crutcher, 6 Bush, 401.) The case of Smith v. Turner’s Adm’r, 9 Bush, 417, distinguished.
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Case 40 — PETITION ORDINARY — The indorsement of the name of Bowers & Carter on the note fixed their liability as assignors if it was a simple promissory note, or as indorsers if it had been placed on the footing of a foreign hill of exchange; and to admit parol testimony of any other liability is to change that evidenced by the indorsement. (Macklin v. Crutcher, 6 Bush, 401.) The case of Smith v. Turner’s Adm’r, 9 Bush, 417, distinguished. It is a question of fact, and not of law, whether the individual note of one partner, was an individual or a firm obligation, where that point is in…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
This action was instituted by R. A. Mitchell, as assignee of the Fulton Bank, against C. T. Bowers and the firm of Bowers & Carter, on a note executed to the bank for five thousand dollars on the 18th of March, 1890, and payable six months after date. The note is signed by C. T. Bowers and indorsed by the firm of Bowers & Carter. The blank indorsement was filled up by a promise to pay on the part of the firm, if not paid at maturity. John Carter,- a member of the firm, is, by an appropriate pleading, denying the right of the cashier to fill up the…
2Cases cited1 opinion
- Hikes v. Crawford & LongCourt of Appeals of Kentucky · 1868
3Cited by4 opinions
- Mills v. RiggleSupreme Court of Kansas · 1911
- Smith v. Stock Yards Loan Co.Supreme Court of Oklahoma · 1939
- National Exchange Bank v. Wilgus' Ex'orsCourt of Appeals of Kentucky · 1894
- Amunategui v. Spokane Cattle Loan Co.Idaho Supreme Court · 1923