Aaron v. Mendel
Court of Appeals of Kentucky
Case 86 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. The release of J. T. Mendel was obtained by fraud, and cannot protect the surety.
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Case 86 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. The release of J. T. Mendel was obtained by fraud, and cannot protect the surety. (Bigelow on Estoppel, 473, 540; Howard v. Huston, 2 El. & B., 1; 28 Me., 520, 540; 38 111., 152; McAdams v. Hawes, 9 Bush, 23.) 1. The release of the appellant’s guardian, although it may have been obtained by fraud, released the appellee as his surely. 2. Having failed to attack the release for four years, the appellant is. estopped by lapse of time from a recovery against the appellee as surety upon the bond. (Kirby v. Taylor, 6 Johnson’s Chy. Rep., 248;…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
David Mendel died in 1865, leaving a widow and five or six infant children.
His widow, Rachel Mendel, was appointed guardian of the children, and continued in that capacity until 1873, when she resigned her trust and was succeeded as to four of the children, who were still minors, by Z. D. Mendel, one of the children who had attained majority.
In the meantime certain real estate which descended from. David Mendel to his children had been sold under a judgment rendered in a proceeding under the statute for the sale-*428of the real estate of infants, and…
2Cases cited1 opinion
- Burks v. WonterlineCourt of Appeals of Kentucky · 1869
3Cited by9 opinions
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Greenup v. United States Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1914
- MooreSupreme Judicial Court of Maine · 1914
- Fidelity Casualty Co. of N.Y. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1927
- Brooking v. Farmers' BankCourt of Appeals of Kentucky · 1885
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