Wintersmith v. Wintersmith's Adx.

Court of Appeals of Kentucky

Wintersmith v. Wintersmith's Adx.

2 Ky. Op. 560, 1869 Ky. LEXIS 546

DecidedApril 20, 1869

StatusPublished

This text of 2 Ky. Op. 560 (Wintersmith v. Wintersmith's Adx.) 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

Wintersmith v. Wintersmith's Adx., 2 Ky. Op. 560, 1869 Ky. LEXIS 546 (Ky. Ct. App. 1869).

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Opinion

Opinion oe ti-ib Court by

Ji/dge Robertson :

As lapse of time cannot operate as a statutory bar to the action on the note, it’s only legal effect is presumptive evidence of payment as pleaded. But the record repels all presumption of payment in the mode specified in the answer; and therefore a payment not pleaded cannot be presumed.

And moreover the proof of the appellant’s insolvency is sufficient to repel any presumption of payment in any mode.

Wherefore the judgment for the amount of the note and accruing interest is affirmed.

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Opinion oe ti-ib Court by

Ji/dge Robertson :

As lapse of time cannot operate as a statutory bar to the action on the note, it’s only legal effect is presumptive evidence of payment as pleaded. But the record repels all presumption of payment in the mode specified in the answer; and therefore a payment not pleaded cannot be presumed.

And moreover the proof of the appellant’s insolvency is sufficient to repel any presumption of payment in any mode.

Wherefore the judgment for the amount of the note and accruing interest is affirmed.

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Bluebook (online)

2 Ky. Op. 560, 1869 Ky. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wintersmith-v-wintersmiths-adx-kyctapp-1869.