Connecticut Mutual Life Ins. v. Scott
Court of Appeals of Kentucky
Case 83 — SURETIES, RELEASE APPEAL PROM LOUISVILLE CHANCERY COURT. Appellant did not know that at the time the bond was executed Ryan, Carpenter & Co. were in arrears with appellant, nor did it know who were to become the sureties of Ryan until after the bond had been executed. If appellant did know that Ryan, Carpenter & Oo. were in arrears, it was under no obligation, unless inquired of, to communicate such knowledge to appellees. (2 Otto, 97; 18 Wis., 667; Home Ins.
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Case 83 — SURETIES, RELEASE APPEAL PROM LOUISVILLE CHANCERY COURT. Appellant did not know that at the time the bond was executed Ryan, Carpenter & Co. were in arrears with appellant, nor did it know who were to become the sureties of Ryan until after the bond had been executed. If appellant did know that Ryan, Carpenter & Oo. were in arrears, it was under no obligation, unless inquired of, to communicate such knowledge to appellees. (2 Otto, 97; 18 Wis., 667; Home Ins. Co. v. Holway, The Reporter, vol. 12, p. 12; 3 Houston, Del., 474; 91 Ills., 518; 12 Clark & Fin, 118; 10 Exck. 522.) A…
1Opinion of the Court
OHIEP JUSTICE HABGIS
delivered the opinion oe the court.
Ryan as principal, with Scott and Leathers as his sureties, •executed bond to the appellant company in the penal sum •of $20,000, stipulating for the faithful discharge of duty by Ryan as the agent of appellant.
This action was brought by appellant on the bond, alleging as a breach thereof that Ryan as agent had collected and failed to pay or account for the sum of $20,427.64, received after the execution of the bond and before his discharge, and that he had not kept true and accurate accounts of his receipts and disbursements. These…
2Cases cited2 opinions
- Graves v. Lebanon National BankCourt of Appeals of Kentucky · 1873
- Rich v. RichMassachusetts Supreme Judicial Court · 1873
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- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Maryland Casualty Co. v. Magoffin County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1962
- Spokane Union Stockyards Co. v. Maryland Casualty Co.Washington Supreme Court · 1919
- Kenton Insurance v. BowmanCourt of Appeals of Kentucky · 1886
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