WAGNER v. GILES

Nos. 2005-CA-001846-MR, 2005-CA-002293-MR.

209 S.W.3d 489 (2006)

Joy WAGNER, Appellant, v. Ann S. GILES, Appellee.

Court of Appeals of Kentucky.

November 22, 2006.


Attorney(s) appearing for the Case

R. Douglas Martin, Lexington, KY, for appellant.

Foster Ockerman, Jr., Lexington, KY, for appellee.

Before ACREE, SCHRODER, and VANMETER, Judges.


OPINION

VANMETER, Judge.

Under the Uniform Commercial Code, payment of a promissory note serves to discharge the makers of the note. The question we must resolve in this case is whether a payment, which was later set aside as a preference in bankruptcy, served to discharge the co-makers of a note. We hold that it did not and we therefore reverse and vacate the judgment of the Fayette Circuit Court.

Joy Wagner is Lori Holter's mother. Between...

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