Ragan v. Chenault
Court of Appeals of Kentucky
Case hi — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. Although an agent sign his principal’s name as surety for another without any written authority to do so, such signing may thereafter be verbally ratified so as to make it binding ttpon the principal.
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Case hi — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. Although an agent sign his principal’s name as surety for another without any written authority to do so, such signing may thereafter be verbally ratified so as to make it binding ttpon the principal. (2 Green-leaf on Evidence, page 297; Forsythe v. Bonta, 5 Bush, 547; 8 Pick., 59; Williams v. Rogers, 14 Bush; 9 Cranch, 153; 2 Condensed Reports, 533.) I. The statute provides that “no person shall be bound as the surety of another by th.e act of an agent, unless the authority of the agent is in writing, signed by the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The statute provides that “no person shall be bound as the surety of another by the act of an agent, -unless the .authority of the agent is in writing, signed by the principal.” (General Statutes, page 252.)
The appellant Ragan instituted this action against J. W. Chenault on two notes executed by the latter as the surety of Joseph Chenault — one note for $2,000, dated December, 1874, and the other for $1,000, dated in January, 1879. Chenault (the appellee) denies the execution of the notes, and alleges that his name was signed in the character of…
2Cited by7 opinions
- Clinton v. Hibbs'Court of Appeals of Kentucky · 1924
- Meazels v. MartinCourt of Appeals of Kentucky · 1892
- Dalton v. SheltonCourt of Appeals of Kentucky (pre-1976) · 1937
- Riggan v. CrainCourt of Appeals of Kentucky · 1887
- Brandon v. PritchettSupreme Court of Georgia · 1906
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