Legal Opinion

Cooper v. Poston

Court of Appeals of Kentucky

Decided February 9, 1863PublishedCited by 4 opinions

CASE 30 — PETITION ORDINARY cited 15 B. M., 466; 14 B. M., 86; 2 Met., 499 ; 3 Met., 285, 434. cited 12 B. M., 506 ; 2 Met., 499 ; Civ. Code, sec. 123 ; 2 Met., 90. cited 2 Dana, 115. ■

1Opinion of the Court

JUDGE BULLITT

delivered the oíinioh of the court:

We cannot assume that the defendant, Mary Cooper, the payor, is the same person as Mary Cooper, the payee. There may be two persons of the same name. .The legal presumption is in favor of the validity of the contract.

In behalf of the assignee of the note, it must be presumed, prima facie, that the payor and payee are different persons; and, in the absence of evidence upon the subject, it was the duty of the jury so to find. Moreover, if necessary to sustain the judgment, it would be our duty to presume, in the absence of a bill of exceptions,…

2Cited by4 opinions

  1. Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
  2. Dine v. DonnellyCourt of Appeals of Kentucky · 1909
  3. Odland v. HamrickWest Virginia Supreme Court · 1944
  4. Means & Russell Iron Co. v. Inland Gas Corp.Court of Appeals of Kentucky (pre-1976) · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API