Wood v. Friendship Lodge
Court of Appeals of Kentucky
Case 50 — ACTION OF COVENANT — APPEAL FROM FAYETTE CIRCUIT COURT. 1. The liability of the appellants upon Tate’s bond was only for the acts of treasurer Tate during the period of one year from the date of his .election. Brandt on Suretyship, vol. 1, sec. 168; Bigelow v. Bridge, 8 Mass., 275; Com. v. Smith, 14 Ky. Law Rep., 573; Offutt v. Com., 10 Bush, 214; Cook v. Clark, 13 Ky.
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Case 50 — ACTION OF COVENANT — APPEAL FROM FAYETTE CIRCUIT COURT. 1. The liability of the appellants upon Tate’s bond was only for the acts of treasurer Tate during the period of one year from the date of his .election. Brandt on Suretyship, vol. 1, sec. 168; Bigelow v. Bridge, 8 Mass., 275; Com. v. Smith, 14 Ky. Law Rep., 573; Offutt v. Com., 10 Bush, 214; Cook v. Clark, 13 Ky. Law Rep., 101. 2. The evidence shows that at the expiration of Tate’s first year as treasurer he had in his hands the sum of $119.68 which he turned over to himself as his successor. 3. The entry upon the books shows…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
Friendship Lodge, No. 5, I. O. O. F., of Lexington, Ky., instituted this action against P. A. Tate and the appellants, L. Royalty, and B. D. Wood, seeking to recover judgment against the defendants for a certain sum of money alleged to be due from Tate, as former treasurer of the appellee. The following is the commencement of the petition: “The plaintiff, Friendship Lodge, No. 5, I. O. O. F., of Lexington, Ky., a corporation created by, and under the laws of Kentucky, by its attorneys comes and states that on or about the 6th day of July, 1894,…
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