Morgan v. Hibbard, Spencer, Bartlett & Co.

Opinion of the Court by

Judge Thomas

Affirming in part, reversing in part.

On and prior to March 30, 1942, Vina Caldwell, (a defendant below) was engaged in a retail mercantile business in the city of Berea, Kentucky, which she was operating under the name of “Super Market.” On that day she executed to appellee, a corporation engaged in the wholesale business in the city of Chicago, four notes in payment of merchandise she had bought from it, each for the sum of $85, the aggregate amount being $340. Soon thereafter the maker of the notes went out of business and moved to Dayton, Ohio.

Prior to…