Bank of Kentucky v. Garey
Court of Appeals of Kentucky
Appeal from the Warren Circuit. Pet. & Sum. Case 143. The cus», stated. F¡ret qnest¡D1I presented, The holder of a may°f ffn^up a blank , ?n" dorsmenttohimself even at the same^flTcTas^if done before the, institution of' the suit' So any bona fide holder of a bill payable to --, may insert his own name as payee,, and when done it will be deemed a bill payable to such holder ab initio, ss' assignment ,.or endowment of a mu by a Jo-when^the'name of the payee is ihority to put…
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Appeal from the Warren Circuit. Pet. & Sum. Case 143. The cus», stated. F¡ret qnest¡D1I presented, The holder of a may°f ffn^up a blank , ?n" dorsmenttohimself even at the same^flTcTas^if done before the, institution of' the suit' So any bona fide holder of a bill payable to --, may insert his own name as payee,, and when done it will be deemed a bill payable to such holder ab initio, ss' assignment ,.or endowment of a mu by a Jo-when^the'name of the payee is ihority to put in endorser & as í1®5'®6, Presentation for payment of a bill or note by a Notary’s Clerk is not a sufficient…
1Opinion of the Court
Judge Bkeck
delivered the opinion of the Court. —
Judge Marshall did not sit in this ease.
This wasa petition and summons brought by the President, Directors and Company of the Bank of Kentucky, ■’against Gaiey as drawer, Samuel McFaddin as acceptor, .and McElwain, Clark, Thomas McFaddin and Potts as endorsers.
The case was submitted to the Court below, upon an agreed-state of facts. The accepter having made no defence, the court rendered judgment against him, but as to the drawer and endorsers, was of opinion the plaintiffs *627were not entitled to-recover, and accordingly rendered o j judgment in…
2Cases cited1 opinion
- Cope v. DanielCourt of Appeals of Kentucky · 1840
3Cited by1 opinion
- Finley v. RoseCourt of Appeals of Kentucky · 1920