Swearingen's v. Tyler
Court of Appeals of Kentucky
Appeal from Shelby Circuit Court. C. O. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. Where the husband made application tó M. for a loan offering a note with himself as principal and his wife as surety, and the money was refused, with the statement from M. at the time that he would lend the money to his wife as principal .and the husband as surety, and which was done, even if the money wa3 used by the consent of the wife to pay the husband’s debt,…
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Appeal from Shelby Circuit Court. C. O. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. Where the husband made application tó M. for a loan offering a note with himself as principal and his wife as surety, and the money was refused, with the statement from M. at the time that he would lend the money to his wife as principal .and the husband as surety, and which was done, even if the money wa3 used by the consent of the wife to pay the husband’s debt, thl3 being an original transaction and M. not being a creditor the wife is bound as principal. Tomkins vs. Triplett 23…
1Opinion of the Court
*461Opinion op the Court by
Judge Carroll
Reversing.
John A. Middleton, a,s executor and trustee of the estate of R. Swearingen, brought this action against appellee, Mary E. Tyler, upon the following paper, dated November 2, 1904: “Two years after date we promise to pay to the order of John A. Middleton, executor and trustee of R. Swearingen’s estate, Twenty Five Hundred Dollars; for value received; with interest at the rate of six per cent, per annum from date until paid; said interest to be paid as it accrues on January 1st, and July of each year, and if not so paid then the principal as well as…
2Cases cited13 opinions
- Wirgman v. MillerCourt of Appeals of Kentucky · 1896
- Third Nat. Bank v. TierneyCourt of Appeals of Kentucky · 1908
- Hart v. Bank of RussellvilleCourt of Appeals of Kentucky · 1907
- Tompkins v. TriplettCourt of Appeals of Kentucky · 1901
- Harpending's ex'rs v. DanielCourt of Appeals of Kentucky · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Baskett, Nichols & Norment v. RudyCourt of Appeals of Kentucky · 1919
- Bank of St. Helens v. Mann's Exor.Court of Appeals of Kentucky (pre-1976) · 1928
- Salisbury v. Wellman Electrical Co.Court of Appeals of Kentucky · 1917
- Thomas v. Boston Banking Co.Court of Appeals of Kentucky · 1914
- People's Bank v. BakerCourt of Appeals of Kentucky (pre-1976) · 1931
8 more not listed; retrieve them via the Exa API.