Calloway v. Snapp
Court of Appeals of Kentucky
Case 116 — ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The material question is, whether, on the consent in writing of Mrs. Snapp to the discharge of Hopkins in bankruptcy, his action on the faith thereof, the action of other of his creditors induced thereby, varied the position of appellant with regard to his original liability.
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Case 116 — ORDINARY— APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The material question is, whether, on the consent in writing of Mrs. Snapp to the discharge of Hopkins in bankruptcy, his action on the faith thereof, the action of other of his creditors induced thereby, varied the position of appellant with regard to his original liability. Í. It is insisted that it was a departure from the contract and increased his risk, and as a result released him from his obligation as surety. (10 Hare, 633; 4 Mon., 443; lb., 492; 5 Maryland, 109; 9 Wheat, 680; 3 J. J. Mar., 528; sec. 3112, Rev. Stat.…
1Opinion of the Court
■CPIIEF JUSTICE COFER
delivered the opinion of the court.
Appellant was surety for one Hopkins on a note for $975, ■executed to Martha A. Duerson, now Mrs. Snapp, on the 16th day of February, 1875, and due one day after date.
April 6, 1878, Hopkins was, on his own petition, adjudged :a bankrupt. April 22, 1878, Mrs. Snapp, with the consent •of her husband, proved the debt against the bankrupt’s ■estate; and June 12 of the same year, she, with like consent of her husband, signed a writing consenting to the ■discharge of Hopkins, without regard to the relative amount of his assets and the debts…
2Cited by11 opinions
- Harlan Fuel Co. v. WiggingtonCourt of Appeals of Kentucky · 1924
- American Surety Co. of N.Y. v. NoeCourt of Appeals of Kentucky (pre-1976) · 1932
- Barker v. Illinois Surety Co.Court of Appeals of Kentucky · 1916
- Henderson v. Phoenix Insurance CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Elsey v. Peoples BankCourt of Appeals of Kentucky · 1915
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