Moore v. Thompson
Court of Appeals of Kentucky
Case 36 — PETITION EQUITY APPEAL FROM MERCER CIRCUIT COURT. 1. A mortgage executed by John Chas. Thompson to sureties on a note of his and John B. Thompson, to secure said sureties from all loss as such, is released when the notes are renewed and John Chas. Thompson’s name left off.
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Case 36 — PETITION EQUITY APPEAL FROM MERCER CIRCUIT COURT. 1. A mortgage executed by John Chas. Thompson to sureties on a note of his and John B. Thompson, to secure said sureties from all loss as such, is released when the notes are renewed and John Chas. Thompson’s name left off. (Letcher v. Bank, 1 Dana, 84; Castleman v. Holms, 4 J. J. M., 3; Berry v. Stoekwell, 10 B. M., 300; Breckinridge v. Churchill, 3 J. J. M., 12; Stone v. McConnell, 1 Duvall, 56.) 2. If the notes were paid by John B. Thompson, one of the principals, the sureties having paid nothing, their mortgage security is gone.…
1Opinion of the CourtChief Justice Pryor
delivered the opioton oe the court.
The facts of the record show that on the 4th day of April, 1888, John Charles Thompson, then living in Wyoming, executed to Forsythe, Magoffin and Sumrall a mortgage to indemnify them as his sureties on three several notes, for $2,300 each, executed on the 4th day of April of the same year.
The negotiation for raising the money was made through the appellee, John B. Thompson, to whom the notes were made payable and by him endorsed and the notes discounted by the Fayette National Bank, and the proceeds forwarded to John C. Thompson at his home in Wyoming. The…
2Cited by2 opinions
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- Jarboe v. ShiveleyCourt of Appeals of Kentucky · 1900