Tabor v. Thrasher

1. While a petition in an action againstA. andB., upona promissory note purporting to bean instrument which they had executed at the same time, A. by signing the paper on its face and B. by writing his name on the back thereof, may be amended by striking the name of A. as a defendant, such petition can not properly be so amended as to make the same allege that when the note was originally executed it was signed by A. alone, B. not then being a party to it; that subsequently the contract between A. and the payee evidenced by the note was rescinded and A. released from all liability thereon;…