Baker v. Kinnaird
Court of Appeals of Kentucky
CASE 2 — PETITIONS EQUITY — As to $1,400 of the new note with the accrued interest which went into it, the liability of Jan.es Baker was created simultaneously with the execution of the mortgage and upon the faith of it; and as to the other $600 for which he was bound with others, it, by reason of the change of parties and the execution of a new paper, is also a now liability then and there created, and therefore no part of his claim is within the act of 1856. '(Gén.
Read the full summary
CASE 2 — PETITIONS EQUITY — As to $1,400 of the new note with the accrued interest which went into it, the liability of Jan.es Baker was created simultaneously with the execution of the mortgage and upon the faith of it; and as to the other $600 for which he was bound with others, it, by reason of the change of parties and the execution of a new paper, is also a now liability then and there created, and therefore no part of his claim is within the act of 1856. '(Gén. Stat., chap. 44, art. 2, secs. 1, 4; Davis v. Gardner, 1 Bush, 272; O’Neil v. Miller, 2 Bush, 294; Whittaker, &c., v. Garnett,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This appeal is brought here from a judgment of the Adair Circuit Court, adjudging that certain transfers of property, real and personal, by W. M. Hamilton, were within the act of 1856, and operated to pass the estate to his creditors.
That Hamilton, at the date of the first transfer of certain notes and accounts to John M. Robinson and others as collaterals, to secure his indebtedness to them, was much involved in debt, more than three times the value of his assets, as appears from the testimony, and that his creditors were making a race *10of…
2Cases cited2 opinions
- Fuqua v. FerrellCourt of Appeals of Kentucky · 1882
- Southworth v. CaseyCourt of Appeals of Kentucky · 1880
3Cited by9 opinions
- Brumleve v. CronanCourt of Appeals of Kentucky · 1917
- Eagle v. SmylieMichigan Supreme Court · 1901
- Northern Bank v. Farmers' Nat. BankCourt of Appeals of Kentucky · 1901
- Deweese v. DeweeseCourt of Appeals of Kentucky · 1906
- Reynolds v. SizemoreCourt of Appeals of Kentucky (pre-1976) · 1930
4 more not listed; retrieve them via the Exa API.