Cason v. Grant County Deposit Bank
Court of Appeals of Kentucky
Case 73 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. The circuit court disregarded the mandate and opinion of the Superior Court. By that opinion the Superior Court expressly held .that it was not necessary for defendant to show that the bank had notice of the alteration at the time it purchased the note, and therefore, upon the second trial that question was res judicata and should not have been submitted to the jury.
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Case 73 — PETITION ORDINARY APPEAL FROM GRANT CIRCUIT COURT. The circuit court disregarded the mandate and opinion of the Superior Court. By that opinion the Superior Court expressly held .that it was not necessary for defendant to show that the bank had notice of the alteration at the time it purchased the note, and therefore, upon the second trial that question was res judicata and should not have been submitted to the jury. (Watson v. Avery, 3 Bush, 641; Scott v. Scott, 9 Bush, 175.) 1. The issue, presented upon the second trial was not the same issue adjudicated upon the former appeal.…
1Opinion of the CourtChief Justice Pryor
Cason executed his note to Ct. W. Siddons for two hundred *489dollars, payable in three months. The note, when executed, read as follows:
Dolls. 200 Williamstown, Oct. 2, 1889.
Three months after date I promise to pay to the order of G. W. Siddons, two hundred dollars,..................at ....................value received.
Due ........... Chapman Cason.
The blanks were filled by inserting the word “payable” before the word “at,” and the words “Bank of Williams-town, Ky.,” after the word “at,” making the paper “payable at the Bank of Williamstown, Ky.” With these blanks filled by the holder he…
2Cases cited4 opinions
- Redlich v. . DollNew York Court of Appeals · 1873
- Blakey v. JohnsonCourt of Appeals of Kentucky · 1877
- Cronkhite v. NebekerIndiana Supreme Court · 1882
- Woolfolk v. Bank of AmericaCourt of Appeals of Kentucky · 1874
3Cited by6 opinions
- National Exchange Bank v. LesterNew York Court of Appeals · 1909
- Diamond Distilleries Co. v. GottCourt of Appeals of Kentucky · 1910
- Bowen v. LairdIndiana Supreme Court · 1906
- McConnon & Co. v. EvansCourt of Appeals of Kentucky · 1913
- John Kindler Co. v. First National BankIndiana Court of Appeals · 1915
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