Banks v. Corder

Court of Appeals of Kentucky

Banks v. Corder

243 S.W.2d 661, 1951 Ky. LEXIS 1149

DecidedNovember 9, 1951

StatusPublished

This text of 243 S.W.2d 661 (Banks v. Corder) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Banks v. Corder, 243 S.W.2d 661, 1951 Ky. LEXIS 1149 (Ky. Ct. App. 1951).

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Opinion

CAMMACK, Chief Justice.

This is another false arrest case from Perry County. Here, as in the cases of Turner v. Smith, 313 Ky. 635, 232 S.W.2d 1006, and Turner v. Boleyn, Ky., 243 S.W.2d 482, the Standard Accident Insurance Company was made a party defendant. The Insurance Company admitted its suretyship and said that its liability would depend solely on the facts developed in connection with the issues raised between the plaintiff and the officer. In both of the cases mentioned we said it was reversible error to comment upon the fact that the Insurance Company had been made a party defendant. The case of Logan v. Porter, 314 Ky. 552, 236 S.W.2d 478, dealt with a similar situation.

For the reasons given the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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CAMMACK, Chief Justice.

This is another false arrest case from Perry County. Here, as in the cases of Turner v. Smith, 313 Ky. 635, 232 S.W.2d 1006, and Turner v. Boleyn, Ky., 243 S.W.2d 482, the Standard Accident Insurance Company was made a party defendant. The Insurance Company admitted its suretyship and said that its liability would depend solely on the facts developed in connection with the issues raised between the plaintiff and the officer. In both of the cases mentioned we said it was reversible error to comment upon the fact that the Insurance Company had been made a party defendant. The case of Logan v. Porter, 314 Ky. 552, 236 S.W.2d 478, dealt with a similar situation.

For the reasons given the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.

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243 S.W.2d 661, 1951 Ky. LEXIS 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-corder-kyctapp-1951.

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