Bank of Commonwealth v. McChord
Court of Appeals of Kentucky
Pet. & Sum. From the Circuit Court eor Washington County. Where a party, intending to enter into an obligation, signs the paper, in blank, entirely, or as to any particular, as the amount, date &e. there is an implied authority to any holder to fill all blanks, at his discretion, and in such imperfect instrument, the name of a new obligor may be inserted, vyithoutjY¡üaJing_V. lt-^=®spedaliy if the first signers intended only to be his sureties But any alteration of a perfect…
Read the full summary
Pet. & Sum. From the Circuit Court eor Washington County. Where a party, intending to enter into an obligation, signs the paper, in blank, entirely, or as to any particular, as the amount, date &e. there is an implied authority to any holder to fill all blanks, at his discretion, and in such imperfect instrument, the name of a new obligor may be inserted, vyithoutjY¡üaJing_V. lt-^=®spedaliy if the first signers intended only to be his sureties But any alteration of a perfect instrument in a material part, or where an instrument is signed in blank in some part, and is after-wards altered in a…
1Opinion of the CourtChief Justice Robertson
This is a petition and summons against the defendants in error, on a note purporting to have been given by them and George Roberts to the Bank of the Commonwealth. They pleaded that they had signed a blank note dated in August—the true date of their signatures; and that, afterwards, without their authority or knowledge, the date was altered, and the name of Roberts inserted, as a co-obligor. And, issue having been taken upon those facts, they proved, that some date,¿jit August, which had been erased, but was still legible, had been written with ink of the same kind and color as that with…
2Cited by5 opinions
- Stone v. BrownTexas Supreme Court · 1881
- Inglish v. BrenemanSupreme Court of Arkansas · 1844
- Palacios v. BrasherSupreme Court of Colorado · 1893
- Terry v. HazlewoodCourt of Appeals of Kentucky · 1863
- Lisle v. RogersCourt of Appeals of Kentucky · 1857