Horn v. Newton City Bank
Supreme Court of Kansas
Hror from Harvey District Court. January 14, 1882, The Newton City Bank filed in the district court of Harvey county the following petition, (omitting court and title:) “The plaintiff above named, the Newton City Bank, a corporation duly and regularly incorporated under and by virtue of the laws of the state of Kansas, providing for the incorporation of savings banks, complains of the defendants, and says: That on the 24th day of June, 1881, the defendants, Charles Horn and…
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Hror from Harvey District Court. January 14, 1882, The Newton City Bank filed in the district court of Harvey county the following petition, (omitting court and title:) “The plaintiff above named, the Newton City Bank, a corporation duly and regularly incorporated under and by virtue of the laws of the state of Kansas, providing for the incorporation of savings banks, complains of the defendants, and says: That on the 24th day of June, 1881, the defendants, Charles Horn and W. Long, executed and delivered to said defendant, O. B. Hildreth, their negotiable promissory note, in the sum of $214,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is the contention of Long, one of the plaintiffs in error — a defendant below — that there had been a material alteration in the note sued on without his consent, thereby releasing him from all liability upon it. The note was originally drawn payable to “H. A. Pitts’ Sons Manufacturing Company,” and after having been given to that company it was altered by substituting the name of “ O. B. Hildreth” for the original payee. This alteration was made without the knowledge or consent of Long, and he has never consented to or ratified the…
2Cases cited11 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Wait v. PomeroyMichigan Supreme Court · 1870
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- Smith v. SloanWisconsin Supreme Court · 1875
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3Cited by21 opinions
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- Mills v. RiggleSupreme Court of Kansas · 1911
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