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24 Ky. 499

Fleming v. Campbell

Court of Appeals of Kentucky

Decided June 13, 1829

Court of Appeals of Kentucky · decided 1829-06-13

<p> Petition and Summons. Statute. </p> <p>Petition and summons can only be maintained upon notes or bonds, for the direct payment of money. Bank notes not money.</p>

Decided 1829-06-13

Judge Underwood,

¶1delivered the opinion of the Court.

¶2An action by petition and summons, cannot"be sustained upon á covenant to pay “one hundred dollars in United States notes on the Bank at New-Orleans,” because the provisions of the statute giving the remedy and the adjudications of this court, as to the class of cases not embraced by the act, exclude the present. Bank notes are not money. The summary remedy by petition is confined expressly to notes or bonds for the direct payment of money. See Loudon vs. Kenney, 1 Bibb, 330; Chambers vs. George, 5 Litt. 335.

¶3Judgment reversed. The plaintiff must recover his costs.

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