Legal Opinion

Hall v. New Farmers' Banks' Trustee

Court of Appeals of Kentucky

Decided October 16, 1895PublishedCited by 1 opinion

Case 27 — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. The money deposited by the wife was in contemplation of law the property of the husband, and was the subject of a just and legal set-off to the note of $300. (1 Blackst. Com., 435; Co. Litt., 351,-Bell v. Bell’s Adm’r, 37 Ala., 536; s. c., 79 Am. Dec., 73; Wiggins, v. Johnson, &c., 8 Ky. L. R., 348; Woehle, Ex’or, v. Urupfenback,. 15 Ky. L. It., 346; McDermott’s Appeal, 106 Fa. St., 358; s. c„ 51 Am.

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Case 27 — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. The money deposited by the wife was in contemplation of law the property of the husband, and was the subject of a just and legal set-off to the note of $300. (1 Blackst. Com., 435; Co. Litt., 351,-Bell v. Bell’s Adm’r, 37 Ala., 536; s. c., 79 Am. Dec., 73; Wiggins, v. Johnson, &c., 8 Ky. L. R., 348; Woehle, Ex’or, v. Urupfenback,. 15 Ky. L. It., 346; McDermott’s Appeal, 106 Fa. St., 358; s. c„ 51 Am. Rep., 526; Graham v. First Nat’l Bank of Norfolk, 84 N. Y., 393; s. c., 3S Am. Rep., 528.) Sections 15, 16 and 17 of article…

1Opinion of the CourtChief Justice Pryor

Mrs. Jennie Hall, the wife of the appellant, E. R. Hall, on the 1st of April, 1893, deposited in the New Farmers Bank of Mt. Sterling to her credit, $438, the bank agreeing to pay 5 per cent, interest thereon. In July, 1893, the bank, being insolvent, made a deed of assignment for the benefit of creditors. The appellee, the Columbia Finance & Trust Co., was designated as the trustee.

Prior to this assignment, on the 26th of February, 1893, the appellant, E. R. Hall (the husband), executed his note, due on the 25th of August, 1893, and payable to the bank, for $300. When the note matured the…

2Cited by1 opinion

  1. Harris' Admr. v. AdamsCourt of Appeals of Kentucky · 1904

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