Edwards v. Mattingly
Court of Appeals of Kentucky
ICase 57 — ACTION ON PROMISSORY NOTE APPEAL PROM DAVIESS CIRCUIT COURT. 1. It is a self-evident proposition applicable to all writings that an interlineation, erasure, or other alteration in a written instrument can not, as a general rule, affect its validity, unless the alteration was made after execution and delivery. 2 Am. '& Eng. Ency. of Law (2d. ed.), 194; Hall v. Weaver, 34 Fed.
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ICase 57 — ACTION ON PROMISSORY NOTE APPEAL PROM DAVIESS CIRCUIT COURT. 1. It is a self-evident proposition applicable to all writings that an interlineation, erasure, or other alteration in a written instrument can not, as a general rule, affect its validity, unless the alteration was made after execution and delivery. 2 Am. '& Eng. Ency. of Law (2d. ed.), 194; Hall v. Weaver, 34 Fed. Rep., 104. 2. Where M. S. M. signed note as principal .and M. P. M. surety for loan of money and before delivery .of the note by M. S. M. to payee E. .also signed it, in absence of evidence to the contrary the…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
This is an appeal from a verdict rendered by direction of the judge of the Daviess Circuit Court, and the judgment entered pursuant thereto.
Appellant, who was the plaintiff below, sued on a note executed to John Thompson for $600. He alleged that appellees were the principals in the note, .and he was the surety, and as such had paid the note, and taken an assignment therefor, and prayed judgment against appellees.
The appellee, M. P. Mattingly, answered that he was a co-surety with appellant of M. S. Mattingly, and only liable for one-half of the…
2Cases cited4 opinions
- Shipp's Adm'r v. Suggett's Adm'rCourt of Appeals of Kentucky · 1848
- Pulliam & Payne v. WithersCourt of Appeals of Kentucky · 1839
- Singleton v. McQuerryCourt of Appeals of Kentucky · 1887
- Lilley v. EvansCourt of Appeals of Kentucky · 1843
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- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Brey v. HaganCourt of Appeals of Kentucky · 1901