4 Ky. Op. 625 | Ky. Ct. App. | 1871
Opinion of the Court by
Mahon & Brown were merchants in'Marion county, and the appellant, Cooper, was in their employ. They had applied to one Hill for the purpose of borrowing $200, and in order -to obtain the loan sent the appellant to get the money. When the appellant arrived at Hill’s he refused to loan the money, stating that what money he had on hand was for the purpose of paying the appellant and others who were entitled to it frota, the estate of their father, who was dead, and Hill was liable in some way for the money. Hill, however, agreed to let Mahon & Brown have the money in the event the appellant would deduct from the amount that was coming to him from Hill the amount appellant owed Mahon & Brown, which was seventy-two dollars. Cooper agreed to this, obtained a check for $200 payable to Mahon & Brown, and upon which they obtained the money. The money to be paid back to Hill by Mahon & Brown when called for. It seems that the appellant, Cooper, paid to Hill the amount of the account that he owed Mahon & Brown by crediting Hill on the amount he was owing appellant out of his father’s estate. This, in fact, was the original agreement between Hill and the appellant when the money was loaned and $72.83 of the money Brown & Mahon obtained was appellant’s money. Hill only collected in the distribution of the assets of Mahon & Brown his pro rata portion on the $200 less by the credit of $72.83. Mahon & Brown’s debt has
