Watson v. Ferguson

Court of Appeals of Kentucky

Watson v. Ferguson

2 Ky. Op. 672, 1869 Ky. LEXIS 553

DecidedJanuary 9, 1869

StatusPublished

This text of 2 Ky. Op. 672 (Watson v. Ferguson) 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

Watson v. Ferguson, 2 Ky. Op. 672, 1869 Ky. LEXIS 553 (Ky. Ct. App. 1869).

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Opinion

Opinion of ti-ie Court by

Judgr Hardin :

When the appellant, as ■ creditor of Oscar H. Burbridge,. attached his funds in the appellee’s hands as his agent, the latter, in danger of irreparable loss as his surety, had an equitable right to retain the fund for indemnity and to enjoin any appropriation of it by Burbridge’s creditors without such indemnity. The appellant’s attachment was therefore subject to that pre-existing equity,' and the circuit court did not err in discharging the attachment on that ground.

Wherefore, the judgment is affirmed.

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Opinion of ti-ie Court by

Judgr Hardin :

When the appellant, as ■ creditor of Oscar H. Burbridge,. attached his funds in the appellee’s hands as his agent, the latter, in danger of irreparable loss as his surety, had an equitable right to retain the fund for indemnity and to enjoin any appropriation of it by Burbridge’s creditors without such indemnity. The appellant’s attachment was therefore subject to that pre-existing equity,' and the circuit court did not err in discharging the attachment on that ground.

Wherefore, the judgment is affirmed.

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Bluebook (online)

2 Ky. Op. 672, 1869 Ky. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-ferguson-kyctapp-1869.