Blakey v. Johnson
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. 1. Appellant having paid the note, without any knowledge that it had been altered without his knowledge or consent, after he signed it as surety, by adding to it the words “interest to be paid semiannually,” was in equity entitled to recover the money so paid by him.
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Case 29 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. 1. Appellant having paid the note, without any knowledge that it had been altered without his knowledge or consent, after he signed it as surety, by adding to it the words “interest to be paid semiannually,” was in equity entitled to recover the money so paid by him. (1 Parsons on Notes and Bills, p. 246; 2 Ibid. pp. 545, 549, 550, 575; 3 B. Mon. 513; 1 Met. 151; 2 Ibid. 228; Kerr on Fraud and Mistake, pp. 403, 404, 405, 406; Locknane v. Emmerson, 11 Bush, 69.) 2. It being established (1) that an alteration was made, (2) that it was…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The appellant C. H. Blakey signed a note as the surety of William Atkin to the appellee Johnson for the sum of $500. When signed the note read as follows, viz.:
“ Twelve months after date we or either of us promise to pay Thomas Johnson five hundred dollars for value received, with ten per cent interest from date. Wm. Atkin,
“September 11, 1874. C. H. Blakey.”
Blakey delivered the note to Atkin and Atkin to J. S. Stanley, who delivered it to Johnson, who loaned to Atkin on the faith of the note the sum of $500.
Atkin having become insolvent and been…
2Cases cited3 opinions
- Wood v. SteeleSupreme Court of the United States · 1867
- Rainbolt v. EddySupreme Court of Iowa · 1872
- Woolfolk v. Bank of AmericaCourt of Appeals of Kentucky · 1874
3Cited by21 opinions
- Bannon v. Louisville Trust Co.Court of Appeals of Kentucky · 1912
- Diamond Distilleries Co. v. GottCourt of Appeals of Kentucky · 1910
- Commercial Bank v. Arden & FraleyCourt of Appeals of Kentucky · 1917
- Warren v. Fant's trusteeCourt of Appeals of Kentucky · 1879
- Louisville & Nashville Railroad v. TuttleCourt of Appeals of Kentucky · 1918
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