Citation Numbers: 5 S.W.2d 1079, 224 Ky. 237
Judges: OPINION OF THE COURT BY DRURY, COMMISSIONER
Filed Date: 4/27/1928
Status: Precedential
Modified Date: 1/12/2023
Reversing.
Fred Hunt is doing business under the trade name of "Belfry Garage." On June 20, 1923, he loaned J.C. Stafford $272.60, and took a note for that sum due six months thereafter, payable to Belfry Garage, and secured *Page 238 by mortgage. The note was not paid, and Hunt sued on the note and mortgage.
The mortgagors for defense pleaded that Hunt, while doing business as the Belfry Garage, had not filed in the clerk's office the statement required by section 199b, Kentucky Statutes. The trial court, following the case of Hunter v. Big Four Auto Co.,