Tranter v. Hibbard
Court of Appeals of Kentucky
Case 37 — Action on ■ Promissory Note — APPEAL PROM KENTON CIRCUIT COURT. JUDGMENT POR PLAINTIPF AND DEPENDANT APPEALS. 1. Under the contract between appellant and appellee, no tender of ’ stock was necessary. Had it -been, the answers of appellant show a full tender thereof. Greer v. Bentley, 19 Ky. Law Rep., 12S1; Walden v. Citizens’ Savings Bank, 19 Ky.
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Case 37 — Action on ■ Promissory Note — APPEAL PROM KENTON CIRCUIT COURT. JUDGMENT POR PLAINTIPF AND DEPENDANT APPEALS. 1. Under the contract between appellant and appellee, no tender of ’ stock was necessary. Had it -been, the answers of appellant show a full tender thereof. Greer v. Bentley, 19 Ky. Law Rep., 12S1; Walden v. Citizens’ Savings Bank, 19 Ky. Law Rep., 1394. 2. The alteration of the note sued on by the payee rendered it void, whether material or not. 2 Daniels on Negotiable Instruments 4th ed.), secs. 1'373, 1375, 1377; Wood v. Steele, 6 Wall, 80, 82, 83; Angle v. N. W. Mutual…
1Opinion of the Court
Opinion by
JUDGE DtrRELLE
Astieiiing
Appellee, Hibberd, brought suit against appellant on a note as follows: “$2,752.50. Covington, Ky, October 3, 1896. On October 3, 1897, fixed, after date, I promise to pay to the order of William F. Hibberd twenty-seven hundred and fifty-two 50-100 dollars, without defalcation; value received; and payable at First National Bank, Cov-ington, Kentucky. Watson W. Tranter.” An answer and counterclaim were filed by appellant, setting up the fact that at the time of the execution of the note Hibberd entered into an agreement with him as follows: “Cincinnati, Oct.…
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- Johnson v. Bank U. StatesCourt of Appeals of Kentucky · 1842
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