Newton v. Carson
Court of Appeals of Kentucky
Case 55 — ORDINARY APPEAL FROM WARREN COMMON PLEAS COURT. 1. The court erred in refusing to permit appellant to file his amended-' reply. 2. The statements made by. appellee to. appellant, and especially his promise to confess judgment upon the note in controversy during-the term of court then in session, were fraudulent, and given with the view of putting appellant off his guard, so that the statute should operate to release appellee as surety.
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Case 55 — ORDINARY APPEAL FROM WARREN COMMON PLEAS COURT. 1. The court erred in refusing to permit appellant to file his amended-' reply. 2. The statements made by. appellee to. appellant, and especially his promise to confess judgment upon the note in controversy during-the term of court then in session, were fraudulent, and given with the view of putting appellant off his guard, so that the statute should operate to release appellee as surety. The case of Kennedy v. Foster, 14 Bush, 479, is not in point. The period during which appellant was delayed by the fraud of appellee should be…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion oe the court.
The appellant filed his petition the 26th of October, 1876,’ on a note which W. R. Covington, as principal, and theappellee, Carson, and another, as surety, executed to him? on the 3d day of June, 1869, and due six months after date, for the sum of $1,500. The evidence tends to- prove that about the time the petition was filed, the- appellee, Carson, went to his principal and told him that they had better *311confess judgment, on the note, and also agreed with the appellant, if he 'would not sue on the note, and save him any further cost, he would,…
2Cited by9 opinions
- Chesapeake & Nashville Ry. v. SpeakmanCourt of Appeals of Kentucky · 1903
- Forsythe v. RexroatCourt of Appeals of Kentucky (pre-1976) · 1929
- Loy v. NelsonCourt of Appeals of Kentucky · 1924
- Kreielsheimer v. GillWashington Supreme Court · 1915
- Protho v. WilliamsSupreme Court of Arkansas · 1921
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