Dougherty v. Smith
Court of Appeals of Kentucky
CASE 20 — PETITION cited Parson's Mercantile Law, 111, 112, 115; 2 Greenleaf, sec. 175; 1 Wharton's Die., 702; 2 Swanston, 400; Civil Code, sec. 35; 3 Met., 245; 2 lb., 517, 612; 14 B. Mon., 320; Greenleaf Ev., sec. 356 et seq.j lb., 391; 1 B. Mon., 322; 1 Story's Eq., secs. 323-4-5; 4 John.
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CASE 20 — PETITION cited Parson's Mercantile Law, 111, 112, 115; 2 Greenleaf, sec. 175; 1 Wharton's Die., 702; 2 Swanston, 400; Civil Code, sec. 35; 3 Met., 245; 2 lb., 517, 612; 14 B. Mon., 320; Greenleaf Ev., sec. 356 et seq.j lb., 391; 1 B. Mon., 322; 1 Story's Eq., secs. 323-4-5; 4 John. G. R., 130; 3 Maddack's Rep., 191; 1 Met., 204; Bayly on Bills, 26; Greenleaf,, secs. 389, 390, 347; 18 B. Mon., 128; 1 B. Mon., 322. cited Civil Code, sec. 32; 18 B. Mon., 759; 14 lb., 321; 18 lb., 128; 4 Dana, 106; Chittyon Bills, 295-6-7, 407; 3 Kent's Corn., 72; 3 Johnson, 89. cited Civil Code, sec.…
1Opinion of the Court
JUDGB WILLIAMS
delivered the opinion op the court:
This was a suit by appellees, as holders, against Sousley, as acceptor, Wilson, Hicks, and Kenney, as drawers, and Dough-erty, as endorser, of a bill of exchange for $900.
Dougherty first set up a want of notice of protest for nonpayment as a defense.
Judgment was rendered against the drawers and acceptor; an execution issued, a small sum was made by the sale of the drawers’ property, after which Dougherty set up, as an additional defense, that, since the rendition of the judgment, the debt had been fully paid by the assignment of a whisky…
2Cited by2 opinions
- Brown's Administrators v. LittleCourt of Appeals of Kentucky · 1914
- Dunn v. AndersonCourt of Appeals of Kentucky · 1870