State Ex Rel. Robertson v. First State Bank of Ripley

As I construe the opinion of the-majority of the court, it commits the court to the proposition that sureties- on a corporate guardian’s bond who have actively participated in the conversion of the ward’s funds in the sense that they were commingled with the general funds of the principal, are, as against the rights of general creditors, entitled to relief under the doctrines of exoneration or subrogation, and this before they have discharged their liability as sureties. If such be the holding of the majority of the court, I am unable to agree to it.

“Subrogation, while distinguishable from…