Hibler v. Davis's administrator
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. A creditor having more than one security may go on all or either ■one of them for his whole debt. (Logan, &c. v. Anderson, &c., 18 B. Mon. 114.) Contended that the principles decided in Logan, &c. v. Anderson, &c. (18 B. Mon. 114), did not apply to the facts of this case.
1Opinion of the CourtChief Justice Lindsay
Hibler & Bowen' bad a contract lien on the notes and accounts placed in the hands of Turney, to be collected and applied to the payment of the debt of Kelly & Garrett to the Citizens Bank. Hibler also had a mortgage lien on the household and kitchen furniture of Garrett, to indemnify him on account of his suretyship to said Citizens Bank, and also as surety on a note due from Kelly & Gault to the Northern Bank of Kentucky.
In the settlement of the affairs of the insolvent firm,, under their deed of general assignment to Henderson, the question arose as to whether Hibler & Bowen should account…
2Cases cited1 opinion
- German Security Bank v. JeffersonCourt of Appeals of Kentucky · 1874
3Cited by6 opinions
- BancoKentucky Co.'s Receiver v. National Bank of Kentucky's ReceiverCourt of Appeals of Kentucky (pre-1976) · 1939
- Merchants National Bank v. FlippenSupreme Court of North Carolina · 1912
- Estate of Prescott State BankArizona Supreme Court · 1931
- First Nat. Bank v. GreenSupreme Court of Alabama · 1930
- State Ex Rel. Rankin v. Yellowstone Bank & Trust Co.Montana Supreme Court · 1925
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