McClain v. Burton

Court of Appeals of Kentucky

McClain v. Burton

5 Ky. Op. 444, 1871 Ky. LEXIS 442

DecidedSeptember 13, 1871

StatusPublished

This text of 5 Ky. Op. 444 (McClain v. Burton) 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.

Bluebook

McClain v. Burton, 5 Ky. Op. 444, 1871 Ky. LEXIS 442 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Hardin :

Whatever means T. P. Mitchell may have used to induce the appellant to become his co-obligor in the note in controversy, as there is no sufficient indication that either of the appellees participated in any fraudulent act or arrangement for overreaching or circumventing the appellant, or accepted the note with knowledge of any such fraud, the principle is well settled that the appellant, who trusted T. P. Mitchell with his name as his surety or co-obligor, must abide the consequences of his confidence in him rather than placing the loss on. the innocent holders of the note.

And as the instructions ánd rulings of the circuit court were in substantial conformity with this view of the law, and the evidence is consistent with the finding of the jury, we perceive no ground for reversing the judgment, which is, therefore, affirmed.

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Opinion by

Judge Hardin :

Whatever means T. P. Mitchell may have used to induce the appellant to become his co-obligor in the note in controversy, as there is no sufficient indication that either of the appellees participated in any fraudulent act or arrangement for overreaching or circumventing the appellant, or accepted the note with knowledge of any such fraud, the principle is well settled that the appellant, who trusted T. P. Mitchell with his name as his surety or co-obligor, must abide the consequences of his confidence in him rather than placing the loss on. the innocent holders of the note.

And as the instructions ánd rulings of the circuit court were in substantial conformity with this view of the law, and the evidence is consistent with the finding of the jury, we perceive no ground for reversing the judgment, which is, therefore, affirmed.

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Bluebook (online)

5 Ky. Op. 444, 1871 Ky. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-burton-kyctapp-1871.