Cook v. Boyd
Court of Appeals of Kentucky
APFEAL FROM MONTGOMERY CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. The bond sued on was presented to Cook, with the name of Bruce as principal, and Hanley as surety. The sheriff having the attachment in his hands, was not willing to accept Hanley alone, as surety; Cook then signed as a joipt surety for Bruce. Hanley was released on the plea of non est factum.
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APFEAL FROM MONTGOMERY CIRCUIT. The facts of the case are stated in the opinion of the court. — Rep. The bond sued on was presented to Cook, with the name of Bruce as principal, and Hanley as surety. The sheriff having the attachment in his hands, was not willing to accept Hanley alone, as surety; Cook then signed as a joipt surety for Bruce. Hanley was released on the plea of non est factum. It is insisted that Cook is not bound; to bind him, will be imposing upon him a greater liability than he intended to incur, when he signed the bond. In Chitty on Contracts■, last edition, page 528, it…
1Opinion of the Court
Judge Crenshaw
delivered the opinion of the Court.
Whether the attachment, under which the bond in this case was taken, had been levied or not, it was in the hands of the sheriff, and the obligors in the bond had a'right to regard it as levied, orto dispense with its levy, and to execute abond to the plaintiff to pay the debt, in order to prevent alevy. A bond thus to be executed, does not seem to be withiu the contemplation of the constructors of the Code of Practice. But, although it was not executed in pursuance, and in accordance with the provisions of the Code, there not appearing to have…
2Cited by2 opinions
- Board of Supervisors v. HallWisconsin Supreme Court · 1877
- Terry v. JohnsonCourt of Appeals of Kentucky · 1901