Legal Opinion

Daviess County Bank & Trust Co. v. Wright

Court of Appeals of Kentucky

Decided May 12, 1908PublishedCited by 21 opinions

CASE 3. — ACTION BY MARY C. WRIGHT, A MARRIED WOMAN, AND. OTHERS AGAINST THE DAVIESS COUNTY BANK & TRUST COMPANY TO HAVE COLLATERAL NOTES, PLEDGED AS SECURITY, ADJUDGED RELEASED. — May 12. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff, defendant appeals — SYNOPSIS AND LIST OP AUTHORITIES. 1. Positions assumed as settled.

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CASE 3. — ACTION BY MARY C. WRIGHT, A MARRIED WOMAN, AND. OTHERS AGAINST THE DAVIESS COUNTY BANK & TRUST COMPANY TO HAVE COLLATERAL NOTES, PLEDGED AS SECURITY, ADJUDGED RELEASED. — May 12. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff, defendant appeals — SYNOPSIS AND LIST OP AUTHORITIES. 1. Positions assumed as settled. (ab) The pledge of collaterals as security by the appellee, Mrs. Wright, a married woman, was valid although she was not personally bound. (Ky. St., 2127; Wirgman v. Miller, 9S Ky., 620; N. Y. Life Ins. Co. v. Miller, 22 Ky. Law…

1Opinion of the Court

Opinion of the Court by

Chief Justice O’Rear—

Reversing.

Malcolm Thompson borrowed $2,500 from the appellant bank on February 12, 1903 on which date he executed to it a note, signed by appellee Mary C. Wright as surety, in which she pledged as collateral certain real estate notes belonging to her. The note was due 12 months after date, but was not then paid, the principal having died September, 1903, without having paid it. About a month after the execution of the above-named note appellees Hawes and Thompson, to indemnify Mrs. Wright in her suretyship for Malcolm Thompson, executed to her this…

2Cases cited6 opinions

  1. Wirgman v. MillerCourt of Appeals of Kentucky · 1896
  2. Price v. Dime Savings BankIllinois Supreme Court · 1888
  3. Bullock v. CommonwealthCourt of Appeals of Kentucky · 1895
  4. Robinson v. MillerCourt of Appeals of Kentucky · 1867
  5. Pullins' Administrator v. SmithCourt of Appeals of Kentucky · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Trevathan's v. Dees' ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1927
  2. Owen County State Bank v. GuardIndiana Supreme Court · 1940
  3. In Re Estate of MeinertSupreme Court of Iowa · 1927
  4. Fidelity & Deposit Co. v. O'BryanCourt of Appeals of Kentucky · 1918
  5. Bradford v. Union Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1932

16 more not listed; retrieve them via the Exa API.

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