Simons v. Louisville Trust Co.

Court of Appeals of Kentucky

Simons v. Louisville Trust Co.

225 S.W. 724, 189 Ky. 651, 1920 Ky. LEXIS 491

DecidedNovember 23, 1920

StatusPublished

This text of 225 S.W. 724 (Simons v. Louisville Trust Co.) 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.

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Simons v. Louisville Trust Co., 225 S.W. 724, 189 Ky. 651, 1920 Ky. LEXIS 491 (Ky. Ct. App. 1920).

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Opinion

Opinion of the Court by

Judge Hurt

Affirming.

This cause is an action between the same parties, as is the action of L. Simons v. J. J. Douglas, Extr., and which was decided at the same time. The only difference •between this action and that is, that in this, the appellee, Louisville Trust Company, as executor of the will of J. J. Douglas, deceased, sued the appellant, L. Simons, to recover the amount of a negotiable promissory note, which the decedent had jointly, with the appellant, executed and delivered, but, as his surety, only and which upon its becoming due, he was compelled to pay, while in the other action the suit was upon notes which appellant had executed to the decedent.

The defense offered to the recovery, in this action was the same, as in the other, and for the reasons assigned in the opinion in the other, the judgment appealed from herein is, also, affirmed.

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Opinion of the Court by

Judge Hurt

Affirming.

This cause is an action between the same parties, as is the action of L. Simons v. J. J. Douglas, Extr., and which was decided at the same time. The only difference •between this action and that is, that in this, the appellee, Louisville Trust Company, as executor of the will of J. J. Douglas, deceased, sued the appellant, L. Simons, to recover the amount of a negotiable promissory note, which the decedent had jointly, with the appellant, executed and delivered, but, as his surety, only and which upon its becoming due, he was compelled to pay, while in the other action the suit was upon notes which appellant had executed to the decedent.

The defense offered to the recovery, in this action was the same, as in the other, and for the reasons assigned in the opinion in the other, the judgment appealed from herein is, also, affirmed.

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Bluebook (online)

225 S.W. 724, 189 Ky. 651, 1920 Ky. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-louisville-trust-co-kyctapp-1920.