Legal Opinion

Bank of Commerce v. Haldeman

Court of Appeals of Kentucky

Decided October 17, 1900PublishedCited by 5 opinions

Case 33 — Action upon a Negotiable Note APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals.

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Case 33 — Action upon a Negotiable Note APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Defendant and Plaintiff Appeals. POINTS AND AUTHORITIES. 1. In the present case it being confessed that the appellant made no alteration in the figures or words in the body of the note, but is the innocent holder of a paper with the marginal figures and sum inserted in the instrument corresponding and in the same colored ink and handwriting, the question of change therein can not affect its rights. 10 Bush, 509 and 513, Woolfolk v. Bank of America. 2. Whether such defects appear on…

1Opinion of the Court

OPINION OP THE COURT by

JUDGE BURNAM

Affirming.

Appellant is a duly-incorporated bank, with the powers^ usually enjoyed by such institutions. On the 6th day of May, T898, it filed its petition in the Jefferson Circuit Court, wherein it alleged that on the 15th day of November, 1897, appellee and Joseph Clark executed and delivered to W. R. Noble their negotiable promissory note for $2,350; that before the maturity thereof Noble discounted and assigned the same note to it, and received the proceeds thereof; that it thereby became, and had ever since been, the owner and holder of said note; that…

2Cases cited2 opinions

  1. Blakey v. JohnsonCourt of Appeals of Kentucky · 1877
  2. Woolfolk v. Bank of AmericaCourt of Appeals of Kentucky · 1874

3Cited by5 opinions

  1. Commercial Bank v. Arden & FraleyCourt of Appeals of Kentucky · 1917
  2. Hackett v. First National BankCourt of Appeals of Kentucky · 1902
  3. Bank of Herington v. WangerinSupreme Court of Kansas · 1902
  4. Gardner v. Commercial Security Co.Court of Appeals of Kentucky · 1919
  5. Citizens Bank of Morehead v. NickellCourt of Appeals of Kentucky (pre-1976) · 1939

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