Singleton v. McQuerry
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. 1. A material alteration of a note or a mutilation thereof, made by the payee or by his procurement or consent, vitiates the note and renders' it void for all purposes, discharging the obligors from liability for the debt itself, and not merely destroying the evidence of the debt.
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Case 9 — PETITION EQUITY APPEAL FROM GARRARD CIRCUIT COURT. 1. A material alteration of a note or a mutilation thereof, made by the payee or by his procurement or consent, vitiates the note and renders' it void for all purposes, discharging the obligors from liability for the debt itself, and not merely destroying the evidence of the debt. Adding the name of another drawer or maker to a note or bill is a material alteration such as will discharge the original parties not consenting thereto. (Parsons on Notes and Bills, vol. 2, 556-7; Shipp v. Suggett, 9 B. M., 5.) 2. The debt itself being…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
D. W. Singleton on February 16, 1876, bought from the appellee,' Joseph McQuerry, a tract of land, and executed the two notes, now in suit, for the two last payments. The appellee gave to Singleton a bond for a title, it to be made when all of the purchase money should be paid. The latter died intestate in August, 1878, leaving a widow and three children, who are the appellants. He left no estate save this land, and no administration has ever been granted. After his death, and without the knowledge or consent of the appellants, the appellee, on…
2Cases cited3 opinions
- Nicholson v. CombsIndiana Supreme Court · 1883
- Chappell v. SpencerNew York Supreme Court · 1857
- Pulliam & Payne v. WithersCourt of Appeals of Kentucky · 1839
3Cited by8 opinions
- Thompson v. TaylorLouisiana Court of Appeal · 1966
- Evans v. LawtonU.S. Circuit Court for the District of Eastern Missouri · 1888
- Brey v. HaganCourt of Appeals of Kentucky · 1901
- Edwards v. MattinglyCourt of Appeals of Kentucky · 1899
- Morrison v. HarmonWest Virginia Supreme Court · 1932
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