January 3, 1945. March 6, 1945. Present: FIELD, C.J., LUMMUS, QUA, WILKINS, SPALDING, JJ. Bond, Indemnity bond. Contract, Of indemnity, Waiver, Construction. Larceny. Waiver. Error, Whether error harmful. Practice, Civil, Exceptions: whether error harmful. At the trial of an action of contract where an issue was, whether the maker of a check given as payment for securities then delivered to him was guilty of the statutory larceny described in G.L. (Ter. Ed.) c. 266, § 37, as appearing in St. 1937
Argued December 4, 1942 Decided January 14, 1943 Appeal from the Supreme Court, Appellate Division, Second Department, DOWNS, J. Joseph Lonardo for appellant. Charles P. Sullivan, District Attorney ( James F.T. Delaney of counsel), for respondent. LEWIS, J. In connection with his purchase of a quantity of lumber the appellant gave to the seller a check upon a bank where payment thereof was refused because of insufficient funds to the appellant's credit. As a result of the transaction the defendant
October 13, 1942. Appeal from Barren Circuit Court. L.B. Handley, Judge. Hubert Meredith, Attorney General, and William F. Neill, Assistant Attorney General, for appellant. J.R. White for appellee. OPINION OF THE COURT BY CHIEF JUSTICE PERRY Certifying the Law. George F. Bandy was indicted for violation of Section 1213a, Kentucky Statutes, as amended by Acts of 1930, chapter 179, known as the "Cold Check Law." The trial court sustained a general demurrer to the indictment accusing the appellee, Bandy
Argued January 15, 1934 Decided February 27, 1934 Appeal from the Supreme Court, Appellate Division, First Department. Samuel L. Nadler for appellant. William C. Dodge, District Attorney ( John C. McDermott of counsel), for respondent. Judgment reversed and new trial ordered for errors in the exclusion of evidence; no opinion. Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.
Argued October 23, 1933 Decided November 21, 1933 Appeal from the Supreme Court, Appellate Division, First Department. Harry Tabershaw and Theodore N. Tarlau for appellant. Thomas C.T. Crain, District Attorney ( Joshua Egelson of counsel), for respondent. Judgment reversed and information dismissed on the ground that there is no evidence of present intent to defraud when the check was given. No opinion. Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.
Decided December 20, 1929. Appeal from Scott Circuit Court. S. JEWELL RICE for appellant. J.W. CAMMACK, Attorney General (DOUGLAS C. VEST, of counsel), for appellee. OPINION OF THE COURT BY CHIEF JUSTICE THOMAS Reversing. Section 1213a of the 1922 edition of Carroll's Kentucky Statutes is what is commonly known as our "Cold Check" statute. In substance it provides that any person who issues a check on a bank, payable to another, with intent to defraud such other, and who knows at the time of doing