Finnell v. Nesbit
Court of Appeals of Kentucky
APPEAL FROM ICENTON CIRCUIT. This suit was brought by the commissioners of the Trust Company Bank, on a bill of exchange which the bank held upon Nesbit as drawer, Scott as acceptor, and Goodson as indorser. The petition sets forth the bill in the usual form. The failure of the bank in October, 1854, and the appointment of the commissioners by the chancellor on bill filed, and asks judgment for the amount of the bill.
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APPEAL FROM ICENTON CIRCUIT. This suit was brought by the commissioners of the Trust Company Bank, on a bill of exchange which the bank held upon Nesbit as drawer, Scott as acceptor, and Goodson as indorser. The petition sets forth the bill in the usual form. The failure of the bank in October, 1854, and the appointment of the commissioners by the chancellor on bill filed, and asks judgment for the amount of the bill. Nesbit answered admitting the execution of the bill, but says that previously to the failure of the bank he deposited in its office $258 75 as a fund out of which he proposed to…
1Opinion of the Court
Judge SnarsoN
delivered the opinion of the Court.
If this action had been brought in the name of the Trust Company Bank, the right of the defendant to a set-off would be clear and undoubted. The only question then that arises in the case is, whether the provisions of the charter, and the transfer of the effects of the corporation into the hands of commissioners in pursuance thereof, operates to divest this right, or whether it still continues notwithstanding this transfer, inasmuch as the demand on which it is founded was due to the defendant during the legal existence of the corporation. If it…
2Cases cited1 opinion
- Ely v. CommonwealthCourt of Appeals of Kentucky · 1837
3Cited by7 opinions
- Nix v. EllisSupreme Court of Georgia · 1903
- Green v. ConradSupreme Court of Missouri · 1893
- Ainsworth v. Bank of CaliforniaCalifornia Supreme Court · 1897
- Reid v. Owensboro Savings Bank & Trust Co.Court of Appeals of Kentucky · 1911
- Farmers' Bank v. WillisWest Virginia Supreme Court · 1873
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