McMakin v. Stratton
Court of Appeals of Kentucky
Case 36 — PRACTICE APPEAL from nelson circuit court. 1. No answer was filed by the statutory guardian of the infant defendant. The statutory guardian was summoned, and, therefore, was in court. To appoint a guardian ad litem in such case is error.
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Case 36 — PRACTICE APPEAL from nelson circuit court. 1. No answer was filed by the statutory guardian of the infant defendant. The statutory guardian was summoned, and, therefore, was in court. To appoint a guardian ad litem in such case is error. (Civil Code, section 38, section 36, subsection 3.) 2. After appellee knew that the two $1,300 notes were forgeries he collected from the estate of Hinkle in bankruptcy his pro rata on the third distribution, so declared to he invalid. This bars appellee from a judgment on the old note. (Bank Commonwealth v. Bay, 7 J. J. Mar, 273; Napper v. Yager,…
1Opinion of the Court
JUDGE PRYOR
delivered the opihion oe the court.
It is needless to discuss the right of recovery on the facts alleged in the petition, as the case has been heretofore in this court, and the petition adjudged to be good on general demurrer, and we perceive no reason why the collection of a part of the debt on the notes that were forgeries as to the surety, but binding on the principal, should relieve the surety on the note conceded to have been binding on all until its surrender to the principal obligor, and the forged notes accepted in lieu thereof.
It was for the benefit of the surety to collect…
2Cases cited1 opinion
- Reading v. Ford's heirsCourt of Appeals of Kentucky · 1809
3Cited by8 opinions
- Morawick v. Martineck's GuardianCourt of Appeals of Kentucky · 1908
- Rutherford v. KesselCourt of Appeals for the Eighth Circuit · 2009
- Northern Bank v. Farmers' Nat. BankCourt of Appeals of Kentucky · 1901
- Goosling v. Varney's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1937
- Mullins v. MullinsCourt of Appeals of Kentucky · 1905
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