Johnson v. Hicks' Guardian
Court of Appeals of Kentucky
Case 21 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. There is no fact in the case tending to show an intention by Hatchett to transfer to his account as guardian the debt evidenced by the note in which appellee was surety.
Read the full summary
Case 21 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. There is no fact in the case tending to show an intention by Hatchett to transfer to his account as guardian the debt evidenced by the note in which appellee was surety. And as it appears that the guardian was solvent and judgment had not been rendered against him, it was error to hold that he had become liable for-the amount of the note as guardian and to render judgment therefor against appellant as one of the sureties in his bond. (Bush v. Bush, 2 Duv., 269.) It stands admitted by the pleadings that Wm. Hatchett, upon his…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
It appears that James T. Hicks was the guardian of Wirt *117Hicks and Baxter Hicks. While acting as such guardian he loaned to Wm. Hatchett some money belonging to his wards, for the balance of which Hatchett executed his note for $953.68, with the appellee, John T. Hatchett, as his surety. After the maturity of the note and before it was paid, James T. Hicks died. Wm. Hatchett became the administrator of the estate, and also qualified as the guardian of Wirt and Baxter Hicks. On Wm. Hatchett’s bond as guardian, the appellee John T. Hatchett and the…
2Cases cited1 opinion
- Hickman v. Kamp's adm'rCourt of Appeals of Kentucky · 1867
3Cited by6 opinions
- Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
- Aetna Indemnity Co. v. State ex rel. GillaspyMississippi Supreme Court · 1911
- In re the Guardianship of WilliamsonWashington Supreme Court · 1913
- Fidelity & Casualty Co. of New York v. DowneyCourt of Appeals of Kentucky (pre-1976) · 1940
- Costigan v. KrausCourt of Appeals of Kentucky · 1914
1 more not listed; retrieve them via the Exa API.