Legal Opinion

Gano v. Farmers' Bank

Court of Appeals of Kentucky

Decided April 29, 1898PublishedCited by 7 opinions

Case 69 — PETITION ORDINARY APPEAL PROM SCOTT CIRCUIT COURT. 1. The writing sued on was a guaranty, and the signers thereof' guarantors for Pullen, although they were referred to therein as. sureties. (Bell & Terry v. Kellar, 13 B. M., 382; Lowe. v. Beck-with, 14 B. M., 189; Thompson v. Glover, 78 Ky., 195.) And being guarantors the appellant was entitled to- notice of the-acceptance thereof by the bapk.

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Case 69 — PETITION ORDINARY APPEAL PROM SCOTT CIRCUIT COURT. 1. The writing sued on was a guaranty, and the signers thereof' guarantors for Pullen, although they were referred to therein as. sureties. (Bell & Terry v. Kellar, 13 B. M., 382; Lowe. v. Beck-with, 14 B. M., 189; Thompson v. Glover, 78 Ky., 195.) And being guarantors the appellant was entitled to- notice of the-acceptance thereof by the bapk. Kincheloe v. Holmes, 7 B. M., 5; Adams v. Jones, 12 Peters, 207; Lee v. Dick, 10 Peters, 482; Russell v. Clark, 7 Cranch, 69; Edmondson v. Drake, 5 Peters,. 624; Douglas v. Reynolds,- 7…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion of the court.

The appellant, Gano, and nine others executed a writing to the end that one P. T. Pullen might obtain the sum. of $10,000 with which to run a milling business in Georgetown, Ky.

The appellant bank on the strength of this writing furnished $5,000, which was used to pay off a debt then owing the bank by Pullen, and also $5,000 which was used in the business. After a time, Pullen being insolvent the bank called on the obligors in the writing for a discharge of their undertaking. All seemed to have paid their respective shares demanded by the…

2Cases cited2 opinions

  1. Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
  2. Thompson v. GloverCourt of Appeals of Kentucky · 1879

3Cited by7 opinions

  1. Goodwin v. Abilene State BankCourt of Appeals of Texas · 1927
  2. Pacific Nat. Agr. Credit Corporation v. HagermanNew Mexico Supreme Court · 1935
  3. Elsey v. Peoples BankCourt of Appeals of Kentucky · 1915
  4. Hermitage National Bank v. CarpenterTennessee Supreme Court · 1914
  5. Cheatham v. TerrellCourt of Appeals of Kentucky · 1923

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