Hall v. Smith
Court of Appeals of Kentucky
Case 81 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. A surety who signs an obligation, on condition, can deliver the same as an escrow to the principal obligor, where there is evidence on the face of the writing of a non-compliance with the condition. The incompleteness of the instrument is in itself sufficient notice to the obligee, and is the best notice that could have been given.
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Case 81 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. A surety who signs an obligation, on condition, can deliver the same as an escrow to the principal obligor, where there is evidence on the face of the writing of a non-compliance with the condition. The incompleteness of the instrument is in itself sufficient notice to the obligee, and is the best notice that could have been given. The principal obligor was a special agent of the surety signing conditionally, and the instrument on its face evidenced clearly the limitation of the power conferred. In support of the foregoing…
1Opinion of the CourtChief Justice Pryor
This action was originally instituted in the Bullitt Circuit Court, and by change of venue was heard in the Jefferson Court of Common Pleas. It is based on the following writing : “ Whereas, B. S. Hall has this day been appointed by the Bullitt County Court of Kentucky deputy sheriff of said county: Now we, B. S. Hall, principal, and Lewis Hall, Minor Hall, W. L. Hall, James Hall, S. M. Hobbs, C. A. Collins, his sureties, do hereby undertake and covenant to James F. Smith, sheriff of Bullitt County, Kentucky, that said B. S. Hall, deputy sheriff aforésaid, shall well and truly perform the…
2Cited by7 opinions
- County of King v. FerryWashington Supreme Court · 1893
- Galbraith v. Shores-Mueller Co.Court of Appeals of Kentucky · 1918
- Leslie County v. MaggardCourt of Appeals of Kentucky (pre-1976) · 1926
- Poynter v. SmithCourt of Appeals of Kentucky (pre-1976) · 1942
- Novak v. PitlickSupreme Court of Iowa · 1903
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