Hudspeth's Adm'r v. Tyler
Court of Appeals of Kentucky
Case 72 — Action 'to Recover on a Bond- APPEAL PROM THE PULTON CIRCUIT COURT. Judgment por the Dependant and Plaintipf Appeals. 1. The facts alleged in the pleadings do not constitute any defense. 2 Am. & Eng. Ency. of Law (2d Ed.), 337 and 339; Wright v. Shelby. R .R.
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Case 72 — Action 'to Recover on a Bond- APPEAL PROM THE PULTON CIRCUIT COURT. Judgment por the Dependant and Plaintipf Appeals. 1. The facts alleged in the pleadings do not constitute any defense. 2 Am. & Eng. Ency. of Law (2d Ed.), 337 and 339; Wright v. Shelby. R .R. Co., 16 B. Monroe, 4, 5, and 6; Hubble v. Murphy, 1 Duvall, 278, 280; Murphy v. Hubble, 2 Duvall, 247, 248; Gar-vin & Co. v. Mobley, 1 Bush, 48-53; Gaar v. Louisville Banking Co., 11 Bush, 188; Ordinary of N. Y. v. Thatcher, 32 Am. Rep., 225, 235; Miller v. Fletcher, 12 Vroom, (N. Y.), 403, s. c.; 21 Am. Rep., 356, 364; Hunt v.…
1Opinion of the Court
Opinion op the court by
JUDGE. HOBSON
Reversing.
Appellant, as administrator of J. W. Hudspeth, filed this action to recover of appellees on a bond executed by them to his intestate. For defense to the action they pleaded that they were only sureties on the bond, and signed it upon the condition or agreement that four other parties, named in the answer were to sign it before they were to become bound, and that this agreement was made with D. G. Park, the attorney of the intestate, to whom they executed the bond, and that it was left with him in order that he might procure the signatures of the…
2Cases cited6 opinions
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Gaar v. Louisville Banking Co.Court of Appeals of Kentucky · 1874
- Badcock v. SteadmanConnecticut Superior Court · 1783
- Murphy v. HubbleCourt of Appeals of Kentucky · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown's Administrator v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Tross v. Bills'Court of Appeals of Kentucky · 1920
- Pickrell v. WilsonCourt of Appeals of Kentucky · 1923
- Rohrman v. BonserCourt of Appeals of Kentucky · 1914
- Goodloe v. AndersonCourt of Appeals of Kentucky (pre-1976) · 1938
1 more not listed; retrieve them via the Exa API.