Boalt v. Brown
Ohio Supreme Court
Error to the district court of Huron county. H. L. Hurlbut agreed with John H. Foster to loan him $500 for at least ten days, on a note for that sum and interest at the rate of ten per cent., the note to be payable on ten days’ notice, and to be signed by Foster as principal, and the defendant, Brown, as surety. Foster and. Hurlbut resided in Norwalk. Brown resided in Ridgefield.
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Error to the district court of Huron county. H. L. Hurlbut agreed with John H. Foster to loan him $500 for at least ten days, on a note for that sum and interest at the rate of ten per cent., the note to be payable on ten days’ notice, and to be signed by Foster as principal, and the defendant, Brown, as surety. Foster and. Hurlbut resided in Norwalk. Brown resided in Ridgefield. Foster drew up and signed a note in the following terms: “Norwalk, November 3, 1857. “We jointly and severally promise to pay H. L. Hurlbut five hundred dollars, on ten days’ notice, at ten per cent. “ JOHN H.…
1Opinion of the CourtScott, J.
Do the' facts of this case, as shown by the record, make a case of contract between Brown, the surety, and Hurlbut, the payee of the note ? Or, in other words, was there a valid signing and delivery of the note, in any form, by Brown ?
It is clear that the note, in the form in which it was signed by Brown, in pencil, was never delivered to the payee. He declined to accept it in this form; and, at his instance, the words “interest to be paid annually” were added to it, before delivery, in the absence of Brown, and without his knowledge or assent. Foster had no express authority from Brown to.…
2Cited by6 opinions
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- Davis v. BauerOhio Supreme Court · 1884
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