Faris v. Cook
Court of Appeals of Kentucky
Case 103 — Action to Recover Money Paid as Surety for Defendants — APPEAL FROM LAUREL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. Andrew King Cook and S. G. Steele were partners as United States mail bidders and contractors, at London, Laurel county, Ky., and were awarded contracts on six routes in Virginia.
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Case 103 — Action to Recover Money Paid as Surety for Defendants — APPEAL FROM LAUREL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. Andrew King Cook and S. G. Steele were partners as United States mail bidders and contractors, at London, Laurel county, Ky., and were awarded contracts on six routes in Virginia. The required bonds were signed and executed in the name of Andrew King Cook, one of the members nf said firm, and the bonds were also signed hy the appellant as surety. Upon failure to comply with said contracts, Cook and his sureties, were sued in the United States…
1Opinion
*872Response to petition for rehearing by
Judge Hobson.
In the petition for rehearing our attention is called to the fact that the rule enunciated in Hikes v. Crawford, 67 Ky. 19, was, to some extent, disapproved in Macklin v. Crutcher, 69 Ky. 401. This was not done on the original hearing ánd escaped our attention. But in the latter case on page 403, the court said: “Had the note as signed, purported to have been for, and by a firm, an error in the .style of the firm would not have - exonerated M-acklin on. proof, that, even though not named, he was one of the firm intended, because that proof…
2Cases cited2 opinions
- Hikes v. Crawford & LongCourt of Appeals of Kentucky · 1868
- Macklin's Ex'r v. CrutcherCourt of Appeals of Kentucky · 1869