Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 105
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the bill knew this fact; that M. V. Monarch had his oflice in Owensboro, but resided outside the city limits; that the notary, at 6 o'clock p. m., on December 27, 1895, the date of the maturity of the paper sued on, placed a notice of protest in the postoffice at Owensboro, addressed to the M. V. Monarch Company, and also a notice addressed to M. V. Monarch, Owensboro, Ky.; that by reason of these notices having been deposited in the postofiice they were not received until some time during the next day, December 28, 1895, and that the notices could havebeen delivered to each of these defendants on the day of the maturity of the bill, at their respective oflices; and these facts are pleaded by way of avoidance of the obligation sued on. Mildred Perkins, the last indorser, M. V. Monarch Co., The, &c., v. Farmers and Traders Bank. pleads in her answer that she was a mere accommodation indorser upon the bill; that the indorsement of the M. V. Monarch Company was ultra vircs, and that it is not bound thereby; and by reason thereof she claims that, under the statute, he is released. A general demurrer was sustained to the answers of the M. V. Monarch Company, M. V. Monarch, and Mildred Perkins, as to all the defenses relied on except that of usury; and, the defendants failing to plead further, a. judgment was rendered against all the defendants for the debt sued on, after eliminating the usury it contained; and we are asked upon thi appeal to reverse that judgment, on the ground that the court erred in sustaining the demurrer as to each defense relied on by defendants. We will consider these defenses seriati-m. First, is the M. V. Monarch Company liable as an indorser under the allegations of the answer, which, upon demurrer, must bc...
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