Chapeze v. Young
Court of Appeals of Kentucky
Case 74 — PETITION APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. Where A and B sign a note, and B is surety for A, and C signs, without the knowledge of B, designating himself as surety, as between B and C, B is liable for only one-half of the debt and C for the other.
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Case 74 — PETITION APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. Where A and B sign a note, and B is surety for A, and C signs, without the knowledge of B, designating himself as surety, as between B and C, B is liable for only one-half of the debt and C for the other. (McNeil v. Sanford, 3 B. M., 11.) The principal in a joint note signed by himself and surety may obtain as many additional sureties or guarantors as he chooses, and such sureties or guarantors may stipulate the terms of their liability as between themselves and prior parties, and such terms need not be in writing. (Bayles on…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
Joseph Gleason executed his note, payable to the German Insurance Bank, for the sum of five hundred, dollars, with Benj. Chapeze as his surety. There was nothing on the face of the note indicating the relation of the obligors the one to the other. They were joint-makers, but the bank knew that Chapeze was only surety. The bank, after the execution of the note, declined to discount the paper unless an additional name was procured by Gleason. The latter applied to the appellee, Bennett Young, to sign the paper as surety, and Young did so on the…
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- Rose v. WollenbergOregon Supreme Court · 1896
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