Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, Volum 36;Volum 143
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, Alexander Keith Marshall, George Minos Bibb, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, James P. Metcalfe, Benjamin Monroe, Alvin Duvall, John Rodman, Edward Warren Hines, William Pope Duvall Bush, Thomas Lewis Edelen, Thomas Robert McBeath, Charles Cyrus Turner, T. M. Jones, Robert G. Higdon, Amos Hall Eblen
J. Bradford, 1911
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acres action adverse possession agent alleged amount appellant appellant's appellee appellee's April 18 assessment Attorney authority bank bond BREATHITT Catlettsburg cause cause of action charge Circuit Court claim coal common law Commonwealth Commonwealth's Attorney Constitution contract corporation counsel Court by Judge damages death deceased Decided April deed defendant demurrer dismissed duty Eddyville election entitled evidence executed fact filed Floyd county follows ground held indictment injury instructed the jury Kentucky Statutes Kuttawa land Leslie county liable lien Louisville lower court ment motion negligence notice opinion ordinance Owensboro owner paid parties Patrick Hart payment pellant pellee person petition plaintiff pleadings proof prosecution purchase question railroad company reason record recover refused rule street suit sustained testator testified testimony thereof tion track tract train trustee verdict votes whiskey wife witnesses
Side 786 - Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for nonpayment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.
Side 791 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Side 108 - No corporation organized outside the limits of this State shall be allowed to transact business within this State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this State.
Side 435 - ... 7. Upon any agreement which is not to be performed within one year from the making thereof, unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or by his authorized agent; but the consideration need not be expressed in the writing; it may be proved when necessary, or disproved by parol or other evidence.
Side 454 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Side 786 - Notice of dishonour may be given by an agent either in his own name, or in the name of any party entitled to give notice whether that party be his principal or not.
Side 791 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
Side 175 - Statutes, which provides that, "whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death from the person or persons, company or companies, corporation or corporations, their agents or servants, causing the same...