Hoskins v. Parsons
Court of Appeals of Kentucky
CASE 44 — PETITION ORDINARY APPEAL FROM TAYLOR CIRCUIT COURT. The facts appear in the opinion of the court. The execution of the replevin bond by Robinson, with Parsons as his security, although informal, was valid, and merged the original judgment and released Hoskins from all liability. (Kouns vs. Bank of Kentucky, 2 B. Mon., 303.) Neither the execution of the replevin bond-by Parsons, nor the payment of the debt by him, gave him any right of action against Hoskins.
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CASE 44 — PETITION ORDINARY APPEAL FROM TAYLOR CIRCUIT COURT. The facts appear in the opinion of the court. The execution of the replevin bond by Robinson, with Parsons as his security, although informal, was valid, and merged the original judgment and released Hoskins from all liability. (Kouns vs. Bank of Kentucky, 2 B. Mon., 303.) Neither the execution of the replevin bond-by Parsons, nor the payment of the debt by him, gave him any right of action against Hoskins. Hoskins was a principal in the debt to McMayes, and no private arrangement between him and Robinson could make him the mere…
1Opinion of the CourtChief Justice Simpson
Robinson and Hoskins executed their joint note to McMayes for one hundred dollars, in part payment for a negro boy they purchased of him. After the purchase was made, Hoskins sold his interest in the slave to Robinson, and the latter, in consideration thereof, agreed to pay off their joint note to'McMayes. Some time thereafter, the note not having been paid, a suit was brought upon it, and a judgment recovered thereon, against both Robinson and Hoskins. The judgment was replevied by Robinson with Parsons as his surety, Hoskins having refused to join in the execution of the replevin bond.…
2Cases cited2 opinions
- Kouns v. Bank of KentuckyCourt of Appeals of Kentucky · 1842
- Burns & McConnoughy v. ParishCourt of Appeals of Kentucky · 1842
3Cited by3 opinions
- Tompkins v. ManningCourt of Appeals of Kentucky · 1924
- Gray v. MerrillCourt of Appeals of Kentucky · 1876
- Calderone v. KiernanSupreme Court of Rhode Island · 1902