Brey v. Hagan
Court of Appeals of Kentucky
'Case 64 — Action on a Promissory Note — APPEAL FROM DAVIESS CIRCUIT COURT. ..Judgment for Defendants and Plaintiff Appeals. POINTS CONTENDED FOR AND AUTHORITIES. 1. A note executed by a principal in renewal, was entrusted to payee to secure signature of S. H. (surety on original note) and the signature was procured and the note returned, (as had been agreed), by payee to principal to get other sureties.
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'Case 64 — Action on a Promissory Note — APPEAL FROM DAVIESS CIRCUIT COURT. ..Judgment for Defendants and Plaintiff Appeals. POINTS CONTENDED FOR AND AUTHORITIES. 1. A note executed by a principal in renewal, was entrusted to payee to secure signature of S. H. (surety on original note) and the signature was procured and the note returned, (as had been agreed), by payee to principal to get other sureties. After other sureties were obtained, the new note was sent to the payee, who thereupon surrendered the original note. In this state of case S. H. was not discharged because of alteration of…
1Opinion of the Court
*568Opinion of the court by
JUDGE WHITE
Reversing.
Appellant, Brey, instituted this action against' N. G. Stanley, Sylvester Hagan, Thomas J. Hagan, and William M. McAllister on a note signed by all the parties for the sum of $1,384.19. Appellees McAllister and the Hagans filed answers presenting the issue of a material alteration in the note, and pleading that by reason of such alteration the note is void as to them, all being sureties ob Stanley. The facts of alteration a.s pleaded are that the note was a renewal of a former note of Stanley, and was ■first signed by 'Stanley and Sylvester Hagan…
2Cases cited5 opinions
- Shipp's Adm'r v. Suggett's Adm'rCourt of Appeals of Kentucky · 1848
- Pulliam & Payne v. WithersCourt of Appeals of Kentucky · 1839
- Singleton v. McQuerryCourt of Appeals of Kentucky · 1887
- Edwards v. MattinglyCourt of Appeals of Kentucky · 1899
- Lilley v. EvansCourt of Appeals of Kentucky · 1843
3Cited by2 opinions
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912