Greene v. Anderson
Court of Appeals of Kentucky
Case 32 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COUR-. 1. The preponderance of the evidence shows conclusively that appellant only signed tHe note as surety. 2. The right of contribution as between co-ohligors does not grow out of a contract relation, hut is an equity.
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Case 32 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COUR-. 1. The preponderance of the evidence shows conclusively that appellant only signed tHe note as surety. 2. The right of contribution as between co-ohligors does not grow out of a contract relation, hut is an equity. The liability Of the corobligor does not grow "out of the fact that he has been discharged from liability because his co-obligors have taken up the note, but out of the fact that they have actually paid the same, or more than their proportion thereof, and therefore in equity ought to> be reimbursed or made whole.…
1Opinion of the Court
JUDGE BURNAM
heliveked the opinion oe the court.
In January, 1890, M. W. Anderson, W. T. Tyler, James Greene and H. K. Greene executed their joint obligation to the Mt. Sterling National Bank for the sum of $8,726.66, and the proceeds thereof, viz., the sum of $8,500, was divided and received by the obligors as follows; M. W. Anderson, $2,500; W. T. Tyler, $2,500; James Greene, $2,500 and H.'K, Greene, $1,000. This note was renewed to the bank by all the obligors for the original amount, the interest being paid at the date of the renewal, certainly as many as three times. In the execution of…
2Cases cited4 opinions
- Breckinridge v. TaylorCourt of Appeals of Kentucky · 1837
- Robertson v. MaxceyCourt of Appeals of Kentucky · 1838
- Stone v. PorterCourt of Appeals of Kentucky · 1836
- Stubbins v. MitchellCourt of Appeals of Kentucky · 1885
3Cited by9 opinions
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Waters v. WatersSupreme Court of Connecticut · 1930
- Maresh v. JenningsCourt of Appeals of Texas · 1931
- Wilson v. Hite'sCourt of Appeals of Kentucky · 1913
- Brown v. GoldsmithSupreme Court of Oklahoma · 1968
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