Legal Opinion

National Bank v. Bryant

Court of Appeals of Kentucky

Decided November 3, 1877PublishedCited by 12 opinions

Case 41 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Nothing short of the payment of the debt could avail Bryant, a principal debtor. (Burrus v. Anderson, 3 Met. 500.) 2. As to the plea of former adjudication, it must kppear by the record of the prior suit that the particular controversy sought .to be concluded was necessarily tried and determined.

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Case 41 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Nothing short of the payment of the debt could avail Bryant, a principal debtor. (Burrus v. Anderson, 3 Met. 500.) 2. As to the plea of former adjudication, it must kppear by the record of the prior suit that the particular controversy sought .to be concluded was necessarily tried and determined. (5 Wallace S. C. Rep. 592; see also Cook v. Yimont, 6 Mon. 284; Orabb v. Larkin, &c., 9 Bush, 154; Birch, &c. v. Eunk, 2 Met. 544. 3. A renewal is not a satisfaction of a previous note. (Bank of Commonwealth v. Letcher, 3 J. J. Mar.…

1Opinion of the Court

JUDGE COFER

delivered the opinion of the court.

Ih January, 1875, the appellant recovered a judgment against the appellee J. M. Bryant for $1,000 and an execution issued thereon was returned “ no property found.”

The appellant then brought this suit in equity, and in the first paragraph of its petition sought, under section 474 of Myers’s Code, to enforce satisfaction of the judgment.

In the second paragraph recovery was sought on a note for $1,000, on which it was alleged Bryant was liable as indorser; and in the third paragraph recovery was sought on a note for $2,000, upon which he was alleged…

2Cases cited2 opinions

  1. Hughes's Adm'r v. HardestyCourt of Appeals of Kentucky · 1877
  2. Burrus v. AndersonCourt of Appeals of Kentucky · 1861

3Cited by12 opinions

  1. McNish v. StateSupreme Court of Florida · 1904
  2. Combs v. Prestonsburg Water Co.Court of Appeals of Kentucky (pre-1976) · 1935
  3. Pelz v. BollingerSupreme Court of Missouri · 1904
  4. People ex rel. Zilm v. CarrIllinois Supreme Court · 1914
  5. Maynard v. AllenCourt of Appeals of Kentucky (pre-1976) · 1939

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