Forsythe v. Bonta
Court of Appeals of Kentucky
CASE 47 — PETITION' ORDINARY APPEAL, PROM BOYLE CIRCUIT COURT. CITED— Civil Code, secs. 359, 410. Bouvier’s Institutes, sec. 1321. 7 B. Mon., 269 ; 1 Duvall, 355. 5 U. S. Digest, p. 422; State vs. Green.
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CASE 47 — PETITION' ORDINARY APPEAL, PROM BOYLE CIRCUIT COURT. CITED— Civil Code, secs. 359, 410. Bouvier’s Institutes, sec. 1321. 7 B. Mon., 269 ; 1 Duvall, 355. 5 U. S. Digest, p. 422; State vs. Green. CITED— 1 Parson’s on Contracts, pp. 44 to 49. 2 Bouvier’s Institutes, pp. 21 to 28. Story on Agency, top pp. 303-4, and'307. 2 Greenleaf an Ev., top p. 297. 13 B. Mon., 217; Bates’ ex’rs vs. Best’s ex’rs. 12 B. Mon., 509; Brannin Smith vs. Force’s adm’r. 1 Duvall, 94 ; Hooper vs. Poston.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion op the court:
To this action on a joint note, apparently signed by the appellant and one Irvine, the latter failing to answer, the former pleaded non est factum. On that issue the jury found a verdict against the appellant, and thereupon judgment was rendered against him.
The facts conduce to the presumption, in some degree, that the consideration was a loan of money to the appellant, and also that his name was subscribed by himself. But he contended that the signature was spurious and unauthorized by him when made; and, while the jury might have been…
2Cited by2 opinions
- Carter v. TuckerCourt of Appeals of Kentucky · 1924
- Jones' Admr. v. ForsytheCourt of Appeals of Kentucky · 1870