Davis v. McCorkle
Court of Appeals of Kentucky
Case 49 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The appellees have failed to set out in their pleadings any valid cause of action against the sureties of H. L. Pope in his official bond, or to allege a breach thereof. 2. If, as the petition alleges, the President and Directors unlawfully failed or refused to make the necessary order upon or requirement of the cashier with respect to the money which was unaccounted for, they (the President and Directors)…
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Case 49 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The appellees have failed to set out in their pleadings any valid cause of action against the sureties of H. L. Pope in his official bond, or to allege a breach thereof. 2. If, as the petition alleges, the President and Directors unlawfully failed or refused to make the necessary order upon or requirement of the cashier with respect to the money which was unaccounted for, they (the President and Directors) and not the sureties must answer for the wrong if there was any wrong. “ The liability of a surety is always to be…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
This suit was instituted by certain stockholders of the Mechanics Bank against the late cashier of that institution and the sureties on his bond as such, to recover an alleged balance unaccounted for by him of more than $70,000, which it was alleged the president and directors failed and refused to require him to account for.
The plaintiffs prayed for the appointment of a receiver, and that he be required to investigate the condition of the bank and to collect its assets; that the cashier and his sureties be compelled to account for the balance…
2Cases cited3 opinions
- Mason v. MasonCourt of Appeals of Kentucky · 1868
- Kennedy's heirs v. MeredithCourt of Appeals of Kentucky · 1814
- Meredith v. KennedyCourt of Appeals of Kentucky · 1821
3Cited by34 opinions
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
- Cobb v. Wm. Kenefick Co.Supreme Court of Oklahoma · 1909
- McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906
- Meeker v. Winthrop Iron Co.U.S. Circuit Court for the District of Western Michigan · 1883
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