Farmers & Drovers' Insurance v. German Insurance
Court of Appeals of Kentucky
Case 124 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Appellee being simply a volunteer, claiming the benefit of appellant’s release, and seeking to profit by his acts, occupies no better position than Doern would, if he were living, or than his privies in estate do. since his death. 2. Appellant is entitled to relief botli upon the ground of fraud and mistake. (1 Barb. 2b Y., 397; 10 Ho. Lords Cas., 90; 2 Lead. Cas.
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Case 124 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Appellee being simply a volunteer, claiming the benefit of appellant’s release, and seeking to profit by his acts, occupies no better position than Doern would, if he were living, or than his privies in estate do. since his death. 2. Appellant is entitled to relief botli upon the ground of fraud and mistake. (1 Barb. 2b Y., 397; 10 Ho. Lords Cas., 90; 2 Lead. Cas. Eq., ' 569; Beard v. Campbell, 2 Mar., 127; Taylor v. Bradshaw, 6 Mon., 149; 5 Dana, 196; Snell’s Eq., 448; Jones on Mortgages, 458; Gere v. Cushing, 5 Bush, 304; Snyder v.…
1Opinion of the CourtChief Justice Lewis
deliveeed the opinion of the court.
In May, 1874, George P. Doern gave to appellant his promissory note for $2,500, bearing interest at the rate of nine per cent, p'er annum from date, and at the same time to secure its payment he and his wife executed a mortgage on certain real property on Green street, in the city of Louisville, which was in June, 1874, duly recorded.
July 24, 1876, Doern and one Stein gave their two joint promissory notes to appellee for $17,000 each, due three years after date, and bearing interest at the rate of nine per cent, per annum from date; and to secure the payment…
2Cited by10 opinions
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- Federal Land Bank v. SmithSupreme Judicial Court of Maine · 1930
- Probst v. WiggintonCourt of Appeals of Kentucky (pre-1976) · 1926
- Citizens State Bank v. United States of America, on Behalf of Its Internal Revenue Services Liberty National BankCourt of Appeals for the Sixth Circuit · 1991
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