Sweeney v. Kennedy's Adm'r

Opinion by

Judge Pryor :

It is needless to review the authorities relied on by counsel in support of the supplemental petition to which a demurrer was sustained.

It is not alleged that the appellees used the money for illegal purposes, or that they derived any benefit from its illegal use by others. There was no contract between the sureties and their principal that the money should be used in securing notes, and so far as the facts are developed by the statements of the petition, the mortgage to the sureties, as well as their liability to the obligee; in no manner depends on the application of…