Marble v. Husbands

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

■On June 27,1899, tbe Paducab Building & Trust Company made an assignment for tbe benefit of creditors. Tbe assignee accepted the trust and executed bond in tbe sum of $10,000.00 with tbe Fidelity & Deposit Company of Maryland as bis surety. In March, 1901, tbe assignee was required to give other surety on bis bond, and thereupon tbe Aetna Indemnity Company became bis surety on a bond for $10,000,00, 'Tbe assignee then instituted an *606:action in the McCracken circuit court for a settlement of the trust. In December, 1903, the…