Duker v. Franz
Court of Appeals of Kentucky
Case 51 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEA CITED 18 B. Monroe, 628, Lisle v. Rogers. 19 Pennsylvania, 119, Miller v. Gilleland, 13 Pick. 165-168, Wheelock v. Freeman. 33 Mississippi, 406, Owings v. Arnet. 11 Iowa (3 Withrow), 767, Van Horn & Baker v. Bell. 13 Mees. & Welsby, 623, Gore v. Gibson. 15 Maine, 357, Hervey, &c. v. Hervey. 15 Pick. 239, Granite Co. v. Bacon. 10 Wendell, 93, Boyd v. Brotherson. 5 Gilman, 252, Walters v. Short. 8 Adolphus…
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Case 51 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEA CITED 18 B. Monroe, 628, Lisle v. Rogers. 19 Pennsylvania, 119, Miller v. Gilleland, 13 Pick. 165-168, Wheelock v. Freeman. 33 Mississippi, 406, Owings v. Arnet. 11 Iowa (3 Withrow), 767, Van Horn & Baker v. Bell. 13 Mees. & Welsby, 623, Gore v. Gibson. 15 Maine, 357, Hervey, &c. v. Hervey. 15 Pick. 239, Granite Co. v. Bacon. 10 Wendell, 93, Boyd v. Brotherson. 5 Gilman, 252, Walters v. Short. 8 Adolphus & Ellis, 215, Knight v. Clemens. 1New Hampshire, 157, Sherburne v. Shaw. 1 Bo^ & Puller’s New Rep. 252, Champion v.…
1Opinion of the Court
JUDGE LINDSAY
delivered the omrioir of the court.
Duker, as the surety of Zahner, joined with him in the execution of a note to Shoenlaub for eight hundred dollars, due seven months after date. . The note appears upon its face to have been originally dated February 1, 1868, and to have been changed to 1869 by making the figure 9 over the figure 8. The note having been assigned to Franz, he brought suit thereon in the Jefferson Court of Common Pleas.
Duker answered, and among other defenses pleaded that after the execution and delivery of the note its date had been altered, as above indicated,…
2Cited by10 opinions
- Ryan v. First National BankIllinois Supreme Court · 1894
- Tranter v. HibbardCourt of Appeals of Kentucky · 1900
- Citizens State Bank v. Johnson CountyCourt of Appeals of Kentucky · 1918
- Osborn v. HallIndiana Supreme Court · 1903
- Wallace v. TiceOregon Supreme Court · 1898
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