167 Ky. 4 | Ky. Ct. App. | 1915
Opinion of the Court by
Affirming.
The substance of the petition in this case is that the Vasa Company, a corporation, in November, 1912, pur
It further averred that prior to the maturity of the note, it kept an account with the bank and during said time it had left various notes with the bank to be discounted and placed to its credit, and at the. time the purchase money note matured it was entitled to a credit on the books of the bank of $2,420, which fact was known to the bank but was unknown to it, because the bank’ informed it that it had no sum to its credit and refused to give it a statement of its account, although the same was demanded. That at the time the note matured it did not have sufficient funds, exclusive of this $2,420, to pay the purchase money note, and by reason of the refusal of the plaintiff to inform it of the correct state' of its account, it was unable to pay the note. It was further averred that in September, 1913, it was notified by the bank that it had a balance of $2,420. That if it had known this fact it could have paid said note and saved its property.
The answer was a traverse of the averments of the petition, and a statement of fact.
On a trial of the case there was a directed verdict for the bank, and the Vasa Company appeals.
There is no bill of evidence with the record, and so we are concerned only with the sufficiency of the pleadings, or rather the sufficiency of the answer, to support the judgment, and there is, of course, no question about this: Myers v. Saltry, 163 Ky., 481, and 164 Ky., 350.
There are other objections to the sufficiency of the petition, but we are well satisfied that it did not state any cause of action, and the judgment is affirmed. -