Reid v. Hamilton
Court of Appeals of Kentucky
Oase 112 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. I. The section of the statute of limitations excepting from its operation. persons under disability applies as well against the surety in a note as against the principal.
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Oase 112 — PETITION ORDINARY APPEAL PROM MONTGOMERY CIRCUIT COURT. I. The section of the statute of limitations excepting from its operation. persons under disability applies as well against the surety in a note as against the principal. (Gen. Stats., chap. 71, art. 4, sec. 2; Idem, art. 3, sec. 1.) 2. The court should have allowed the amended petition to be filed, and by its instructions controlled the recovery on the original obligations or on the renewal note according to the facts developed on the trial. (Civil Code, sec. 113, sub-sec. 4.) 3. The court should have allowed appellant to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
December 7, 1874, J. R. Rogers, as principal, and appellee, A. H. Hamilton, his surety, executed a promissory note to appellant, E. J. Reid, for $1,291.33, payable two years after date and bearing interest at the rate of ten per cent, per annum until paid. On the same day the same parties, as principal and surety, executed a note to D. Hibbler, for the same amount and due at the same time as the other, and like it bearing ten per cent, interest. April 20, 1885, Hibbler, in writing, assigned the latter note to appellant, whereby she became owner of…
2Cases cited3 opinions
- Coleman v. WalkerCourt of Appeals of Kentucky · 1860
- Newton v. CarsonCourt of Appeals of Kentucky · 1882
- Kennedy v. Foster'sCourt of Appeals of Kentucky · 1879
3Cited by7 opinions
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- Miller v. TurnerNorth Dakota Supreme Court · 1934
- Reuff-Griffin Decorating Co. v. WilkesCourt of Appeals of Kentucky · 1917
- Newby's Adm'r v. Warren's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1939
- McGill's Administratrix v. PhillipsCourt of Appeals of Kentucky (pre-1976) · 1932
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