First National Bank v. Mattingly
Court of Appeals of Kentucky
Case 118 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. The attention of the jury should have been confined to such representations as were material to th.e contract of suretyship, and such as the appellee professed to have relied on and had the right to rely on.
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Case 118 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. The attention of the jury should have been confined to such representations as were material to th.e contract of suretyship, and such as the appellee professed to have relied on and had the right to rely on. He had no right to rely on the representations as to value. 2. The court should have instructed the jury to consider only the specific averments of fraud, and also informed them in what legal fraud consists. (Foard v. McOomb, 12 Bush, 725.) 3. Any change of the contract to which the surety is a party, will release him if…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant, the First National Bank of Stanford, being owner of a parcel of land, on which was a planing-mill and elevator, sold it November 3, 1884, to R. T. Mat-tingly for $13,000, payable as follows : $1,000 November 3, 1885, S. Hubble being surety on the note therefor, about which there is now no controversy; $3,000 November 3, 1886, Appellee Levi Hubble being surety on the note therefor, the subject of this litigation; and $9,000 in equal installments, evidenced by notes of Mattingly above, November 3, 1887, 1888 and 1889, to secure payment of…
2Cases cited2 opinions
- Burks v. WonterlineCourt of Appeals of Kentucky · 1869
- Woolley v. Louisville Banking Co.Court of Appeals of Kentucky · 1884
3Cited by8 opinions
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Southern Insurance v. MilliganCourt of Appeals of Kentucky · 1913
- Addison v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Peru Plow & Wheel Co. v. WardCourt of Appeals of Kansas · 1895
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