Legal Opinion

Dugan v. Champion Coal & Tow Boat Co.

Court of Appeals of Kentucky

Decided March 2, 1899PublishedCited by 1 opinion

Case 110 — RULE FOR COLLECTION OF BOND 1. Dugan had been released from the bond executed for six thousand dollars in 1884 by lapse of time. Ky. Stats., sec. 2549; Turner v. Rankin, 80 Ky., 179; Reid v. Hamilton, 92 Ky., 623; Bowen v. Helm, opinion May 25, 1887. 2. He was not liable on the bond executed on the 5th of April, 1892, because the execution of that bond was not within the power of 'attorney sent by Dugan to Shinkle. 1 Am. & Eng.

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Case 110 — RULE FOR COLLECTION OF BOND 1. Dugan had been released from the bond executed for six thousand dollars in 1884 by lapse of time. Ky. Stats., sec. 2549; Turner v. Rankin, 80 Ky., 179; Reid v. Hamilton, 92 Ky., 623; Bowen v. Helm, opinion May 25, 1887. 2. He was not liable on the bond executed on the 5th of April, 1892, because the execution of that bond was not within the power of 'attorney sent by Dugan to Shinkle. 1 Am. & Eng. Ency. of Law, 351. 3. There was no consideration for the execution of the bond of 1892. Tillett v. Com., 9 B. M., 443. 4. The testimony of Helm as to the…

1Opinion of the Court

JUDGE GUFFY

delivered the opinion oe the court.

It appears from this record that, pursuant to an order of the Kenton Circuit Court in the action of V. Shinkle’s- assignee against Shinkle, etc., the Master Commissioner loaned out certain funds. He loaned to the Champion Coal & Towboat Company $6,000, for which it, together with John Cochnower, J. IT. Williams, and A. II. Dugan, as sureties, executed bond payable to Frank P. Helm, Master Commissioner, of date November 8, 1884, and due on the 1st day of the February term of said court, February 2, 1885, with six per cent, from date until paid. It…

2Cases cited2 opinions

  1. Reid v. HamiltonCourt of Appeals of Kentucky · 1892
  2. Turner v. RankinCourt of Appeals of Kentucky · 1882

3Cited by1 opinion

  1. United States Fidelity & Guaranty Co. v. McGinnis' AdministratorCourt of Appeals of Kentucky · 1912

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