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30 Ind. 210

Hart v. Clouser

Indiana Supreme Court

Decided November 15, 1868

Indiana Supreme Court · decided 1868-11-15

<p>Promissory Note. — Surety.—The material alteration of a promissory note after its execution, -without the knowledge or consent of the surety, by adding a clause fixing the rate of interest, constitutes a good defense to a suit on the note so altered against the surety.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1868-11-15

How this case has been cited

Cited by 4 later decisions — most recently July 1904

4 state decisions

1018681870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Frazer, J.

¶1Suit by the appellant against one Ervin and the appellee, upon a promissory note for one hundred and fifty dollars, with interest at eight per cent, per annum. The appellee answered under oath, that ho was only surety; that after the execution of the note, and without his knowledge or consent, the same had been materially altered by adding the clause fixing the rate of interest.

¶2The case is hero on the evidence, which fully sustained *211the answer. "We perceive no reason for interference with the finding. The defense was complete without proof that an agreement was made between the creditor and principal debtor to extend the time of payment. The note sued on was not the note of the appellee.

J. Brownlee, for appellant.A. B. Jetmore, W. A. Bonham, and J. T. Wells, for appellee.

¶3The judgment is affirmed, with costs.

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