Alexander v. Lewis
Court of Appeals of Kentucky
CASE 8 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. The facts are stated in the opinion of the court. A surety cannot obtain judgment against his principal by a summary proceeding otherwise than as prescribed by sections 479 and 480 of the Civil Code. The plaintiff was not entitled to a judgment because the debt was paid; and this being done, it follows that the plaintiff could not transfer a judgment which was satisfied.
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CASE 8 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. The facts are stated in the opinion of the court. A surety cannot obtain judgment against his principal by a summary proceeding otherwise than as prescribed by sections 479 and 480 of the Civil Code. The plaintiff was not entitled to a judgment because the debt was paid; and this being done, it follows that the plaintiff could not transfer a judgment which was satisfied. The surety, having paid the debt, could recover judgment against the principals, either by action at law or motion, {Rev. Stal., chap. 97, sec. 7, p. 655,) and…
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
The Bank of Kentucky sued Alexander & Co., as principals, and Lewis and Shanks as sureties, on a note for $400.
Process was served upon Lewis and William and Gabriel Alexander, two of the members of the firm of Alexander & Co., and returned to the first term. Judgment by default was entered against Lewis; but the Alexanders answered, and denied the liability of the firm upon the note, because of the want of authority of J. C. Alexander, who made the note, to use the name of the firm for that purpose. The case was then continued as to Shanks, who…
2Cited by8 opinions
- Colombia v. Cauca Co.Supreme Court of the United States · 1903
- Kile v. ChapinIndiana Supreme Court · 1857
- Doherty v. DohertyMassachusetts Supreme Judicial Court · 1889
- R. King & Co. v. GreyTexas Supreme Court · 1868
- Baker v. FarmbroughIndiana Supreme Court · 1873
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