Dersch v. Walker
Court of Appeals of Kentucky
Case 46. — ACTION BY H. Y. WALKER AGAINST HENRY DERSCH AND OTHERS TO RECOVER RENT. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiffs. Defendants appeal. 1. The fact that 'security was given in this case, or that it may be given in other cases, is not a controlling consideration in determining the rights of the parties. It is a mere incident, having no bearing on the question involved.
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Case 46. — ACTION BY H. Y. WALKER AGAINST HENRY DERSCH AND OTHERS TO RECOVER RENT. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiffs. Defendants appeal. 1. The fact that 'security was given in this case, or that it may be given in other cases, is not a controlling consideration in determining the rights of the parties. It is a mere incident, having no bearing on the question involved. The court must construe the effect of the bankruptcy act on contracts of this sort just as if there were no question of surety here. 2. There can be no judgment against…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
Adolph Rivard leased of H. Y. Walker a house in Covington, and to secure the- payment of the rent Katherine Banerlin, Louis Fritz and Henry Dersch signed and delivered to Walker a writing by which they agreed to pay the rent. The lease, so far as material, is as follows: “This agreement of lease, en*376tered into this 9th day of January, 1902, between H. Y. Walker, as lessor, and Adolph Rivard, as lessee, witnesseth: That the said Walker, in consideration of the rents and covenants to be paid and to be performed on the part of said Rivard, and in further…
2Cases cited1 opinion
- Payne v. AbleCourt of Appeals of Kentucky · 1870
3Cited by7 opinions
- Jewell v. CecilCourt of Appeals of Kentucky · 1917
- Failor v. WeheSupreme Court of Kansas · 1916
- In re TidusDistrict Court, D. Delaware · 1925
- Johnston v. Ms. Pac. R.R. Co., Thompson, TrusteeSupreme Court of Arkansas · 1942
- Royal Collieries Company v. PicklesimerCourt of Appeals of Kentucky (pre-1976) · 1931
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