Rogers v. Poston
Court of Appeals of Kentucky
CASE 58 — PETITION ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. The facts appear in the opinion of the court. The bill was accepted payable generally, and in that condition indorsed by Rogers, an accommodation indorser. The interlineation on the bill afterwards, without the knowledge of the indorser, designating a particular place of payment, is a material alteration, and discharges him.
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CASE 58 — PETITION ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. The facts appear in the opinion of the court. The bill was accepted payable generally, and in that condition indorsed by Rogers, an accommodation indorser. The interlineation on the bill afterwards, without the knowledge of the indorser, designating a particular place of payment, is a material alteration, and discharges him. (Lisle vs. Rogers, 18 B. Mon., 537; Bank of America vs. Woodworth, 19 Johnson, 391.) The bill sued on, and the payments by Rogers, were made in ignorance of the alteration of the original bill, and the…
1Opinion of the Court
JUDGE W OOD
DELIVERED THE OPINION OF THE COURT:
This was an action brought upon a bill of exchange for $472 55, by the appellee, who was the payee and holder, against the appellants, one as drawer, and the other as accept- or thereof.
To this action the defendants pleaded, in substance, that the bill sued on was given in part payment of a bill for twenty-five hundred dollars, which the defendant, C. C. Rogers, had previously indorsed, at the request of one John McMurtry, and for his accommodation.
That when said bill for twenty-five hundred dollars was presented by McMurtry to C. C. Rogers, with…
2Cases cited2 opinions
- Smith v. MoberlyCourt of Appeals of Kentucky · 1850
- Bank of the Commonwealth v. CurryCourt of Appeals of Kentucky · 1834
3Cited by2 opinions
- Callahan v. First National BankCourt of Appeals of Kentucky · 1880
- Todd v. Bank of KentuckyCourt of Appeals of Kentucky · 1868