Staples v. Bedford Loan & Deposit Bank
Court of Appeals of Kentucky
Case 74 — PETITION ORDINARY — APPEAL PROM TRIMBLE CIRCUIT COURT. When the surety does not write his name, the statute .requires that his authority to the agent who does write his name shall be in writing and provides how that writing shall be executed. The fact that the surety is present when his name is signed to the note does not dispense with the written authority. And the mere attestation by the principal does not add anything to the force of the signature.
Read the full summary
Case 74 — PETITION ORDINARY — APPEAL PROM TRIMBLE CIRCUIT COURT. When the surety does not write his name, the statute .requires that his authority to the agent who does write his name shall be in writing and provides how that writing shall be executed. The fact that the surety is present when his name is signed to the note does not dispense with the written authority. And the mere attestation by the principal does not add anything to the force of the signature. (Billington v. Commonwealth, 79 Ky., 400; Ragan v. Chenault, 78 Ky., 547; Wilson v„ Louisville, 95 Ky., 50; Commonwealth v. Magoffin,…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
Intending to bind himself as surety for Gr. M. and W. R. Morgan on a note for $1,200, executed to the appellee, the appellant, not being able to write, made his mark thereto between the words “James” and “Staples,” written by AY. R. *452Morgan, who also attested the signature or mark of the appellant. In this form the note was sent to and accepted by the bank. When sued on it the appellant pleaded non est factum. He admitted making his mark, but his contention was that under section 482, Kentucky Statutes, he was not bound. Whether he was or not…
2Cases cited2 opinions
- Meazels v. MartinCourt of Appeals of Kentucky · 1892
- Maupin v. BerkleyCourt of Appeals of Kentucky · 1882
3Cited by4 opinions
- Pardue v. WebbCourt of Appeals of Kentucky (pre-1976) · 1934
- Terry v. JohnsonCourt of Appeals of Kentucky · 1901
- Love v. GibbsCourt of Appeals of Kentucky (pre-1976) · 1938
- Pugh v. JacksonCourt of Appeals of Kentucky · 1913