Commonwealth v. Hawkins
Court of Appeals of Kentucky
Case 36 — MOTION— APPEAL PROM PRANKLIN CIRCUIT COURT. 1. In construing the power of attorney the intention and not the letter must control. (Schultz v. Johnson, 5 B. M., 499; Meriwether v. Lewis, 9 B. M., 168.) 2. As the covenant of indemnity to the former sureties and the covenant to the Staie are separate and distinct, the latter may be enforced even though the former be void because the agent exceeded his authority in including it in the bond.
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Case 36 — MOTION— APPEAL PROM PRANKLIN CIRCUIT COURT. 1. In construing the power of attorney the intention and not the letter must control. (Schultz v. Johnson, 5 B. M., 499; Meriwether v. Lewis, 9 B. M., 168.) 2. As the covenant of indemnity to the former sureties and the covenant to the Staie are separate and distinct, the latter may be enforced even though the former be void because the agent exceeded his authority in including it in the bond. (Vanada’s Heirs v. Hopkins, X J. J. M., 294.) 1. The power of attorney did not authorize the agent to execute a bond containing a clause of…
1Opinion of the Court
■JUDGE HOLT
delivered the opinion oe the court.
The sheriff of Franklin county on December 11, 1880, executed his bond for the collection of the State *248revenue for 1881, with John W. Jackson, R. D. Armstrong, and others as his sureties. At the June term, 1881, of the Franklin County Court the two sureties, above-named made a motion, upon due notice, requiring the sheriff to give a new bond, and to indemnify them in their said suretyship. An order was entered requiring• the sheriff “to execute a new bond, conditioned for the collection of the State revenue of said county for the year 1881, and…
2Cases cited1 opinion
- Drumright v. PhilpotSupreme Court of Georgia · 1854
3Cited by6 opinions
- Tompkins v. TriplettCourt of Appeals of Kentucky · 1901
- McClanahan v. BreedingIndiana Supreme Court · 1909
- American Bonding Co. v. EnseyCourt of Appeals of Maryland · 1907
- Lehman v. LehmanSuperior Court of Pennsylvania · 1905
- Commonwealth v. BerryCourt of Appeals of Kentucky · 1894
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