Brooking v. Farmers' Bank
Court of Appeals of Kentucky
Case 63 — PETITION ORDINARY — APPEAL PROM SOOTT CIRCUIT COURT. 1. The statute is plain. The personal representative, whenever he has paid a creditor an undue proportion of his demand, is entitled to recover the amount of the overpayment. (Gen. Stat., chapter 39, article 2, section 42; Lawson’s Adm’r v. Hansbrough, &c., 10 B. M., 147.) 2. The sureties are not released.
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Case 63 — PETITION ORDINARY — APPEAL PROM SOOTT CIRCUIT COURT. 1. The statute is plain. The personal representative, whenever he has paid a creditor an undue proportion of his demand, is entitled to recover the amount of the overpayment. (Gen. Stat., chapter 39, article 2, section 42; Lawson’s Adm’r v. Hansbrough, &c., 10 B. M., 147.) 2. The sureties are not released. A surety is never released from liability on account of an act done by the creditor in entire good faith, and which appeared at the time to be for the benefit of the surety. (Calloway v. Snapp, 78 Ky., 561; Aaron v. Mendel,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
May 5, ’ 1874, W. S. Brooking, as principal, and 'Thomas and Butler, as sureties, executed a note to the Farmers’ Bank of Kentucky due September 1, 1874, which, on the day it matured, A. U. Brooking, *433as administrator of W. S. Brooking, who had in the meantime died, paid off, amounting, principal and interest, to one hundred and fifty-five dollars.
This action was instituted August 22, 1879, by the administrator, to recover of the bank the whole amount so paid in 1874, and interest thereon, in virtue of section 42, article 2, chapter 39, General…
2Cases cited1 opinion
- Aaron v. MendelCourt of Appeals of Kentucky · 1880
3Cited by3 opinions
- Central Savings Bank v. DanckmeyerMissouri Court of Appeals · 1897
- Struss v. Masonic Savings BankCourt of Appeals of Kentucky · 1889
- Louis Pizitz Dry Goods Co. v. New York Hamilton Co.Appellate Division of the Supreme Court of the State of New York · 1930