Campbell County Bank v. Schmitt

• Decision Date: 28 April 1911
• Citation: 136 S.W. 625,143 Ky. 421
• Parties: CAMPBELL COUNTY BANK v. SCHMITT et al.
• Court: Kentucky Court of Appeals

136 S.W. 625

143 Ky. 421

CAMPBELL COUNTY BANK v. SCHMITT et al.

Court of Appeals of Kentucky.

April 28, 1911

On rehearing. Petition overruled.

For former opinion, see 135 S.W. 274.

HOBSON, C.J.

The second paragraph of the reply does not show that the note originated in a gambling transaction, and the demurrer to it is overruled on that ground. If it shall appear that the note originated in a gambling transaction, the question suggested by counsel will then be presented. This question is not now determined. The renewal of the note by the same parties does not purge it of infirmity. Pace v. Martin, 63 Ky. 522.

Petition overruled.