Jones v. Shelbyville Fire, Life, & Marine Insurance
Court of Appeals of Kentucky
CASE 14 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. The facts appear in the opinion of the court. The alteration of the note by the appellees, after its execution by Ratcliffe, released him.
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CASE 14 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. The facts appear in the opinion of the court. The alteration of the note by the appellees, after its execution by Ratcliffe, released him. The case of The Bank of the Commonwealth vs. McChord, &c., (4 Dana, 191,) is not a case in point; and the case of Lee vs. Alexander, &c., (9 B. Monroe, 27,) which overrules the cases of Bank of Limestone vs. Penick, (5 Monroe, 82,) and Letcher vs. Bates, (6 J. J. Mar., 525,) is not at all similar to this case. Jones pleaded non est factum, and it is conceived that the evidence against him is…
1Opinion of the Court
JUDGE DUVALL
delivered the otinion op the court:
The appellees brought this action on a note purporting to have been made to them by Staples, Jones, and Ratcliffe.
Ratcliffe answered, setting forth three separate grounds of defense.
1. That he did not execute the note in manner and form as stated in the petition.
2. That the note was presented to him with the name of Staples as principal, and Michael Parrish as surety, written in the body of the note; and, being so presented, he (Ratcliffe) signed the same as co-surety with Parrish, and after he had signed it the name of Parrish was stricken out,…
2Cases cited1 opinion
- Langdon v. PaulSupreme Court of Vermont · 1848
3Cited by5 opinions
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- Hubble v. MurphyCourt of Appeals of Kentucky · 1864
- O'Geary v. LorchCourt of Appeals of Kentucky · 1916