Beatty v. Dudley
Court of Appeals of Kentucky
Case 73 — EQUITY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. There is not the le'ast evidence of fraud either upon the part of the assignor of the notes or appellant Beatty, but the case is simply the giving by the debtor to his surety indemnity against loss. 2. The demurrer, to the petition should have been sustained, because • it does not aver that the assignment of the notes was within four months before Shultz filed his petition in bankruptcy. 3. Failing to file his…
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Case 73 — EQUITY APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. There is not the le'ast evidence of fraud either upon the part of the assignor of the notes or appellant Beatty, but the case is simply the giving by the debtor to his surety indemnity against loss. 2. The demurrer, to the petition should have been sustained, because • it does not aver that the assignment of the notes was within four months before Shultz filed his petition in bankruptcy. 3. Failing to file his petition within six months, the case cannot be brought within the act of 1856. (14 Wallace, 248; sec. 35, Bankrupt Act.) When…
1Opinion of the Court
"CHIEF JUSTICE HARGIS
delivered the opinion oe the court.
In view of the importance of the questions involved, and ■as a response to the earnest petition for a rehearing by the 'learned counsel who presented it, we have concluded to ■restate, in a more extended form, the opinion .we entertain ■of the law and facts pertinent to a decision of the material vssues in this action.
On the 26th day of February, 1877, Shultz conveyed a tract of land to Mary Jones for $7,000; one third thereof was paid in hand, and the other two thirds secured by -promissory ‘notes, due respectively March 1st, 1878, and…
2Cited by4 opinions
- O'Kane v. VinnedgeCourt of Appeals of Kentucky · 1900
- Shannon v. DuffieldCourt of Appeals of Kentucky (pre-1976) · 1927
- Bishop v. People's Deposit BankCourt of Appeals of Kentucky (pre-1976) · 1924
- Hatfield v. ClineCourt of Appeals of Kentucky · 1911