Volume 13 — Ohio State Reports, New Series

<p>1. A supervisor is a local ministerial officer, whose authority and duties to open, repair and control public roads, extends only to roads within his own district.</p> <p>2. Where such supervisor, in the improvement of the road in his own district, extends ditches or other improvements beyond the limits of his district into an adjacent road district, without the permission or consent of its supervisor, such improvements aro subject to the discretionary control of the supervisor of the district into which they have been so extended.</p>

<p>H. having agreed with 3?. to loan him $500, on his note, to be signed by B., as his surety, anote in the following terms was drawn up and signed by 3?.: “ We jointly and severally promise to pay H. L. H. five hundred dollars on ten days' notice, at ten per cent.”</p> <p>This note was sent to B. for his signature, who, not having ink at hand, signed it in pencil and returned it to 3?., with a message, stating that he would, at any time, “ink over” his signature, if desired. 3?. then presented the note to H. informing him of B.'s promise, which he (3?.) agreed should bo performed. H. then said he wished tho words “ interest to be paid annually” were in the note, and at his request, those words were added at the end of the note, by 3?., who then delivered the note, and received the money, the parties intending no fraud upon B.,and H. supposing tho note to be valid. 33. was not present, and knew nothing of this alteration. Some weeks afterward, H. met B. near the store of 3T., and requested him to “ink over his signature to that note,” assigning as a reason for the request, that the pencil signature might wear oíf. B. went with him into the store of 3?., and, in his presence, did trace over his pencil signature with ink, without reading the note or having any knowledge of the alteration which had been made. Upon a suit brought by the assignee of H. against the surety B., Held : That tho words added to the note were material, and that, under the foregoing state of facts, the note never became, in either form, the valid note of B.</p>