Richie v. Cralle
Court of Appeals of Kentucky
Case 65 — Action to Enforce a Mortgage Lien APPEAR FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs, Lee Orarle and others, Defendant Appeals. 1. The maker of a note which has not been placed on the footing of a hill of exchange, may plead against the assignee or holder, any ' defense, set-off, or counter claim, which he may have against the payee, provided it arose before the maker received knowledge of the assignment.
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Case 65 — Action to Enforce a Mortgage Lien APPEAR FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs, Lee Orarle and others, Defendant Appeals. 1. The maker of a note which has not been placed on the footing of a hill of exchange, may plead against the assignee or holder, any ' defense, set-off, or counter claim, which he may have against the payee, provided it arose before the maker received knowledge of the assignment. Chiles v. Com., 3 Mar., .2-31; Walker v. McKay, 2 Met., 294. 2. In Kentucky a promissory note payable to bearer is not put on the footing of a bill…
1Opinion of the Court
Opinion oe the court by
JUDGE HOBSON
Reversing.
On February 10, 1896, appellant, Charles G. Richie, and wife executed to the German-Ameriean Title Company ten bonds, payable to it, or bearer, with coupons attached, each for the sum of $500, with interest from date, payable *487semi-annually, and due in one, two, and three years. To secure these bonds, they signed and delivered to it a mortgage on certain real estate in Louisville, Ky. The German-American Title Company sold and assigned- the bonds to appellees, who filed this suit to recover upon them and foreclose the mortgage. The appellant,…
2Cases cited4 opinions
- Greenwell v. HaydonCourt of Appeals of Kentucky · 1880
- Prather v. WeissigerCourt of Appeals of Kentucky · 1873
- Campbell's ex'r v. Farmers' BankCourt of Appeals of Kentucky · 1873
- Payne v. Bank of Bowling GreenCourt of Appeals of Kentucky · 1873
3Cited by9 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- North Texas Nat. Bank v. ThompsonCourt of Appeals of Texas · 1929
- Boswell v. Citizens Savings BankCourt of Appeals of Kentucky · 1906
- Georgetown Water Co. v. Fidelity Trust & Safety Vault Co.Court of Appeals of Kentucky · 1904
- Mt. Sterling Water, Light & Ice Co. v. First National BankCourt of Appeals of Kentucky · 1912
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