Sanders & Walker v. Herndon
Court of Appeals of Kentucky
CASE 86. — ACTION BY SANDERS & WALKER AGAINST (WILLIAM HERNDON AND OTHERS TO SUBJECT THE COMPENSATION DUE HERNDON AS ADMINISTRATOR OP AN ESTATE, TO THE PAYMENT OP HERNDON’S DEBT TO PLAINTIFF. — May 4. Appeal from G-arrard Circuit Court. W. C. Bell. Circuit Judge. Judgment for defendants. 'Plaintiffs appeal. 1. We submit that sec. 4665 Ky.
Read the full summary
CASE 86. — ACTION BY SANDERS & WALKER AGAINST (WILLIAM HERNDON AND OTHERS TO SUBJECT THE COMPENSATION DUE HERNDON AS ADMINISTRATOR OP AN ESTATE, TO THE PAYMENT OP HERNDON’S DEBT TO PLAINTIFF. — May 4. Appeal from G-arrard Circuit Court. W. C. Bell. Circuit Judge. Judgment for defendants. 'Plaintiffs appeal. 1. We submit that sec. 4665 Ky. Stats, provides a remedy for a surety who pays a debt before a judgment is obtained, and sec. 4666 provides a remedy for a surety who pays the debt of his principal after the judgment is obtained, and under either of these sections the surety who pays the…
1Opinion of the Court
OPINION of the Court by
Judge O’Rear
— Reversing.
Appellants', together wiith G-. M. Patterson, J. B. Conm, R. Gr. Ward, J. J. Barton, J. B. Kinnaird, William H. Kinnaird, and William' Herndon, were jointly bound as sureties for the Lancaster Oil Company upon a note for $5,000, executed to the National Bank of Lancaster, Ky. The bank sued all the makers of the note and recovered judgment against them. Appellants paid off the judgment and took an assignment of it to themselves.- Thereafter appellants caused an execution to be issued upon the judgment in behalf of the bank, indorsed for their…
2Cases cited16 opinions
- Hargis v. Sewell's AdministratorCourt of Appeals of Kentucky · 1888
- Allen v. RussellCourt of Appeals of Kentucky · 1879
- Daniel v. BallardCourt of Appeals of Kentucky · 1834
- Eckert v. McKeeCourt of Appeals of Kentucky · 1872
- Robion v. WalkerCourt of Appeals of Kentucky · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vansant's v. Gardner'sCourt of Appeals of Kentucky (pre-1976) · 1931
- Mosher v. MosherMassachusetts Supreme Judicial Court · 1936
- Thacker v. CookCourt of Appeals of Kentucky (pre-1976) · 1930
- B. B. Wilson Company v. Van DiverCourt of Appeals of Kentucky (pre-1976) · 1929
- Joyce v. RussellWisconsin Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.