Hazelrigg v. Prater

Court of Appeals of Kentucky

Hazelrigg v. Prater

5 Ky. Op. 482, 1871 Ky. LEXIS 464

DecidedApril 11, 1871

StatusPublished

This text of 5 Ky. Op. 482 (Hazelrigg v. Prater) 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

Hazelrigg v. Prater, 5 Ky. Op. 482, 1871 Ky. LEXIS 464 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Hardin :

The evidence sustains the conclusion that the plaintiff’s intestate, Thomas H. Hazelrigg, while residing at Whitville, Virginia, in 1862, received of William Lykins, through George Cox in Virginia, $494, or about that sum, in confederate currency, as a payment on the notes sued on in this action.

This payment, so made and accepted, within the military lines of the confederate states, was a valid payment of the promised sum so received, according to reported decisions of this court; and the judgment rendered for the plaintiff seems to embrace the full amount of the balance due upon the notes.

Wherefore the judgment is affirmed.

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Opinion by

Judge Hardin :

The evidence sustains the conclusion that the plaintiff’s intestate, Thomas H. Hazelrigg, while residing at Whitville, Virginia, in 1862, received of William Lykins, through George Cox in Virginia, $494, or about that sum, in confederate currency, as a payment on the notes sued on in this action.

This payment, so made and accepted, within the military lines of the confederate states, was a valid payment of the promised sum so received, according to reported decisions of this court; and the judgment rendered for the plaintiff seems to embrace the full amount of the balance due upon the notes.

Wherefore the judgment is affirmed.

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Bluebook (online)

5 Ky. Op. 482, 1871 Ky. LEXIS 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazelrigg-v-prater-kyctapp-1871.