Kash v. Everett

Court of Appeals of Kentucky

Kash v. Everett

5 Ky. Op. 484, 1871 Ky. LEXIS 467

DecidedApril 17, 1871

StatusPublished

This text of 5 Ky. Op. 484 (Kash v. Everett) 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

Kash v. Everett, 5 Ky. Op. 484, 1871 Ky. LEXIS 467 (Ky. Ct. App. 1871).

Pincite

Opinion

Opinion by

Judge Peters:

If, as seems to be the case, appellants had assigned the notes described in the petition to John W. Clay and he had collected the same before he had assigned the note he held on them to Ev[485]*485erett, they could have successfully pleaded them, by way of set-off in Everett’s action at law against them, but after judgment at law was rendered under Section 14, Civil Code, they can not make that defense available in equity, especially as it is not alleged, nor proved, that they were prevented from defending the action at law by any thing that Everett did or said.

Apperson & Reid, for appellants. Turner, for appellees.

Wherefore the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Peters:

If, as seems to be the case, appellants had assigned the notes described in the petition to John W. Clay and he had collected the same before he had assigned the note he held on them to Ev[485]*485erett, they could have successfully pleaded them, by way of set-off in Everett’s action at law against them, but after judgment at law was rendered under Section 14, Civil Code, they can not make that defense available in equity, especially as it is not alleged, nor proved, that they were prevented from defending the action at law by any thing that Everett did or said.

Apperson & Reid, for appellants. Turner, for appellees.

Wherefore the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

5 Ky. Op. 484, 1871 Ky. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kash-v-everett-kyctapp-1871.