Feemster v. Johnson

Court of Appeals of Kentucky

Feemster v. Johnson

24 Ky. 68, 1 J.J. Marsh. 68, 1829 Ky. LEXIS 217

DecidedFebruary 2, 1829

StatusPublished

This text of 24 Ky. 68 (Feemster v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feemster v. Johnson, 24 Ky. 68, 1 J.J. Marsh. 68, 1829 Ky. LEXIS 217 (Ky. Ct. App. 1829).

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Opinion

Judge Robertson

delivered the opinion of the Court.

It seems to the court that the judgment in this case having been rendered, on a note for “current paper” for a larger sum than the nominal amount of the note, it is, therefore erroneous. It would have been better too, although, perhaps, not indispensable, that the judgment should have been for Kentucky or commonwealth’s bank paper, thereby giving the debtors the election to pay either, as the contract might have been discharged in either.

Judgment reversed and cause remanded, that the judgment may be entered correctly.

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Judge Robertson

delivered the opinion of the Court.

It seems to the court that the judgment in this case having been rendered, on a note for “current paper” for a larger sum than the nominal amount of the note, it is, therefore erroneous. It would have been better too, although, perhaps, not indispensable, that the judgment should have been for Kentucky or commonwealth’s bank paper, thereby giving the debtors the election to pay either, as the contract might have been discharged in either.

Judgment reversed and cause remanded, that the judgment may be entered correctly.

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Bluebook (online)

24 Ky. 68, 1 J.J. Marsh. 68, 1829 Ky. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feemster-v-johnson-kyctapp-1829.