Wilson v. Linville
Court of Appeals of Kentucky
Case 11 — PETITION ORDIN ART — APPEAL FROM MASON CIRCUIT COURT. 1. Co-sureties, who were present at the signing of the name of another surety by an agent without written authority, are charged with knowledge of the illegal signing, and are bound by their signatures.
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Case 11 — PETITION ORDIN ART — APPEAL FROM MASON CIRCUIT COURT. 1. Co-sureties, who were present at the signing of the name of another surety by an agent without written authority, are charged with knowledge of the illegal signing, and are bound by their signatures. (Chamberlain & Tapp v. Brewer, 3 Bush, 562; Eletcher, &c., v Leight, Barrett & Co., 4 Bush, 303; Seely v. The People, 27 111 Rep.; Terry & Bell v. Hazelwood, 1 Duvall, 104; Hall v. Smith, 14 Bush, 604; Cutter v. Roberts, 29 Am. Reports, 371; Nash v. Rugate, 18 Am. Reports, 640 ; State v. Porter, 21 Am. Reports, 440; Bracken. Co.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
The county levy bond of Geo. L. Linville, sheriff of Robertson county, for the year 1890, was executed in the county court on December 16, 1889, in the following manner:
Geo. L., the principal, signed his own name, and also at his instance and in his presence, the name of Peter Linville as surety. Neal Ballengal, another surety, signed his own name. The name of Thomas G. Linville, the last of the sureties, was subscribed to the bond by the clerk, Jett, at the instance and request of Thomas G., who then made his mark following the middle letter…
2Cases cited6 opinions
- Henry v. KochCourt of Appeals of Kentucky · 1882
- Fletcher v. LeightCourt of Appeals of Kentucky · 1868
- Chamberlin v. BrewerCourt of Appeals of Kentucky · 1868
- Billington v. CommonwealthCourt of Appeals of Kentucky · 1881
- Steele v. MeadeCourt of Appeals of Kentucky · 1896
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3Cited by3 opinions
- Commonwealth v. TiltonCourt of Appeals of Kentucky · 1901
- Commonwealth v. RoarkCourt of Appeals of Kentucky · 1903
- O'Geary v. LorchCourt of Appeals of Kentucky · 1916