Legal Opinion

Allen's Sons v. Dillingham's Assignee

Court of Appeals of Kentucky

Decided November 30, 1898PublishedCited by 7 opinions

Case 107 — ACTION TO SET ASIDE FRAUDULENT PREFERENCE APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. A mere guarantor of the payment of a debt is not a "debtor” cf the party whose debt is guaranteed, within the meaning of that term as used in the act of 1856. Brandt on Suretyship and Guaranty, sec. 1; Daniel on Negotiable Instruments, sec. 1753; Reigart v. White, 52 Pa. St., 440; Kramph’s Ex. v. Hatz’s Ex., 52 Pa. St., 525; Campbell v. Sherman, 31 Am.

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Case 107 — ACTION TO SET ASIDE FRAUDULENT PREFERENCE APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. A mere guarantor of the payment of a debt is not a "debtor” cf the party whose debt is guaranteed, within the meaning of that term as used in the act of 1856. Brandt on Suretyship and Guaranty, sec. 1; Daniel on Negotiable Instruments, sec. 1753; Reigart v. White, 52 Pa. St., 440; Kramph’s Ex. v. Hatz’s Ex., 52 Pa. St., 525; Campbell v. Sherman, 31 Am. St. R., 736; Marburger v. Pott, 16 Pa. St., 9; Donley v. Camp, 22 Ala., 659; Bouvier’s Law Dictionary, “Debtor,” p. 486; Rapalje &…

1Opinion of the Court

JUDGE GUFFY

delivered the opinion oe the court.

This appeal is prosecuted from a judgment of the Jefferson circuit court, chancery division, rendered in the suit of H. Y. Loving, assignee, etc., against Charles E. Arnold, etc.; the object of the action being to obtain a judgment holding that a certain conveyance of a house and lot in Tmuisville, Ky., to Charles E. Arnold, was made with the intent to prefer N. R. Allen’s Sons, and in con*804templation of insolvency upon the part of the vendor, Dillingham. The opinion of the court below contains so clear a statement of the matter in controversy, as…

2Cases cited3 opinions

  1. Thompson v. Heffner's executorsCourt of Appeals of Kentucky · 1875
  2. Gideon, Burton & Co. v. StruveCourt of Appeals of Kentucky · 1879
  3. King v. MoodyCourt of Appeals of Kentucky · 1880

3Cited by7 opinions

  1. McGowan v. Wells' TrusteeCourt of Appeals of Kentucky · 1919
  2. Bomanzi of Lexington, Inc. v. TafelCourt of Appeals of Kentucky (pre-1976) · 1967
  3. Union Trust & Savings Co. v. TaylorCourt of Appeals of Kentucky · 1911
  4. Wilson v. WatsonCourt of Appeals of Kentucky · 1910
  5. Davis v. H. Feltman Co.Court of Appeals of Kentucky · 1901

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