Forrest v. Winter

Opinion of the Court by

Judge, Nunn

Affirming.

This is the second appeal of this case. The opinion, on the first appeal may be found in 145 Ky., 518, and most of the facts presented on this appeal are stated therein. One of the claims made by appellee in the record now before and which was not made on the former appeal, is that although Simpson did default before the execution of the bond signed by Forrest and others as sureties, that defalcation had been settled by Simpson’s brother. Appellee’s books were presented in evidence on the last trial and they showed that only a portion of the…