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2 Ky. Op. 600

Crowe v. Bruce

Court of Appeals of Kentucky

Decided October 13, 1868

Court of Appeals of Kentucky · decided 1868-10-13

Bruce & Go. filed their petition in the Daviess circuit court, seeking recovery on a bill of acceptance, drawn September 23, 1867, and accepted same day by Crowe & Co. Defendants demurrer being over-ruled, they answered alleging in bar of their action that Bruce & Go. agreed with them at the time of the acceptance of the bill, that they should have four months’ time in which to make payment, and left the acceptance with the Deposit Bank of Ownsboro for convenience of…

Decided 1868-10-13

¶1Opinion oe the Court B\r

Judge Robertson :

¶2If, as averred in the answer, the order was drawn for payment of goods bought on a credit of four months and that, through inadvertance or mistake, the credit was omitted in the order and in the unqualified complaint on sight, the action was brought prematurely and the appellee was not entitled to interest. Such a mistake, if admitted or indisputably proved, would have entitled the appellant to an abatement of the action, and was, as between drawer and drawee, an admissible defense.

Lindsey, for appellants.Weir, for appellees.

¶3The circuit court therefore erred in sustaining the demurrer to the answer and thereupon rendering judgment for principal and interest.

¶4Wherefore, the judgment is reversed, and the cause remanded for further proceedings.

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