Miller v. Gilleland
Supreme Court of Pennsylvania
Error to the Common Pleas of Adams county. This was an action of debt brought in the Court of Common Pleas of Adams county to November Term, 1848, by Fleming Gilleland v. Thomas C. Miller, to recover the amount of a joint and several note, under seal, bearing date the 24th September, 1838, signed by Samuel Witherow and Thomas C; Miller, the defendant, for $322.56, payable three months after date, with interest, to Fleming Gilleland or order.
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Error to the Common Pleas of Adams county. This was an action of debt brought in the Court of Common Pleas of Adams county to November Term, 1848, by Fleming Gilleland v. Thomas C. Miller, to recover the amount of a joint and several note, under seal, bearing date the 24th September, 1838, signed by Samuel Witherow and Thomas C; Miller, the defendant, for $322.56, payable three months after date, with interest, to Fleming Gilleland or order. Thomas C. Miller was surety in the note. The note originally was dated 24th September, 1836. The figure 6 in the year, was changed by the obligee,…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Gibson, J.
The conveyance of an estate which lies in livery, and not in grant, is not avoided by an alteration even in a material part of it; for the title, being vested by a deed having by statute the force of livery of seisin, can be revested only by a reconveyance: Bull. N. P. 267. But an alteration of a bond, bill, or note, stands on a different principle. When it is made by the voluntary act of the creditor, and increases or injuriously affects the responsibility of the debtor, whatever the motive for it, the security is gone. The rule is…
2Cases cited1 opinion
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- Barnard v. KellSupreme Court of Pennsylvania · 1921
- Laubach v. MeyersSupreme Court of Pennsylvania · 1892
- Dunbar v. Iowa State BankMissouri Court of Appeals · 1927
- Platter v. Platter, Pennsylvania Court of Common Pleas, Somerset County1951