Martyn v. Jacoby's Administrator

Opinion op the Court by

Judge Willis

Affirming.

E. J. Martyn purchased property in Paris, Ky., on March 26, 1923, at a judicial sale and J. L. Jacoby became his surety on two sale bonds due in six and twelve months. Martyn failed to pay the bond first maturing, and Jacoby paid $1,600 thereon. Martyn paid the other bond and deed was made to him. Jacoby died in 1926, and his administrator filed suit against Martyn to recover the sum of $1,600, with interest from the date of payment of the bond by Jacoby. Martyn admitted the indebtedness, but asserted payment thereof to Jacoby, giving the dates and…