Wheeler v. Traders Deposit Bank
Court of Appeals of Kentucky
Case 109 — ACTION ON PROMISSORY NOTE APPEAL FROM MONTGOMERY CIRCl IT COURT. The appellee having through its cashier W. W. Thompson, loaned the money to Stacy and delivered to said Stacy and had him sign and take the paper sued on and carry it to Morgan county and to secure signatures and sureties, he was the agent of the bank for the purpose of securing signatures of Wheeler and the bank is estopped by the fraudulent conduct of Stacy in forging the signature of Geveden from…
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Case 109 — ACTION ON PROMISSORY NOTE APPEAL FROM MONTGOMERY CIRCl IT COURT. The appellee having through its cashier W. W. Thompson, loaned the money to Stacy and delivered to said Stacy and had him sign and take the paper sued on and carry it to Morgan county and to secure signatures and sureties, he was the agent of the bank for the purpose of securing signatures of Wheeler and the bank is estopped by the fraudulent conduct of Stacy in forging the signature of Geveden from asserting liability against Wheeler. Ky. Stats., secs. 478, 483; Herman on Estoppel, p. 418; Bigelow on Estoppel, 476;…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This action is based upon a writing which reads as follows;
“Mt. Sterling, Ky., Feb. 26, 1893. Ninety days after date, we, or either of us, promise to pay to the order of *654the Traders’ Deposit Bank, Mt. Sterling, Ky., two hundred and seventy-five dollars, at their office in Mt. Sterling, for value received, with interest from maturity at the rate of- per cent, per annum until paid, and the attorney’s fees if suit be instituted on this note. W. R. Stacy. N. B. Haney. W. M. Geveden. J. S. Wheeler, Surety. No. 1,936. Due May 29. P. O.-.”
W. R. Stacy…
2Cases cited2 opinions
- Hall v. SmithCourt of Appeals of Kentucky · 1879
- Terry v. HazlewoodCourt of Appeals of Kentucky · 1863
3Cited by4 opinions
- National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
- Galbraith v. Shores-Mueller Co.Court of Appeals of Kentucky · 1918
- J. R. Watkins Medical Co. v. WarrenSupreme Court of Arkansas · 1921
- Dorman, Banking Com'r v. CarnesCourt of Appeals of Kentucky (pre-1976) · 1936