Darland v. First National Bank

Opinion op the Court by

William Rogers Clay, Commissioner

— Reversing.

Plaintiff, Martin Darland, brought this suit against the First National Bank of Springfield, Ky., to enjoin *262the collection of a judgment by execution on the ground that the judgment had either been paid or he as surety had been released from liability by the acts of the bank. On final hearing his petition was dismissed and he appeals.

Briefly stated, the facts are as follows: In February, 1915, the bank recovered a judgment for $790.00 on a note executed by Turner Derringer as principal, with Wm. Derringer, S. P. Derringer,…