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· 1/15/1871

Benedict v. Miner

Citations

  • 58 Ill. 19

Syllabus

<p>1. Promissoby note—alteration—release of surety. Where a note was so altered as to draw interest a month sooner than it did as it was executed, without the knowledge of the surety on the note, Md that it released the surety from its payment.</p> <p>2. Ratification by surety—what constitutes. Nor did the fact that he subsequently made a payment on the note, and the principal executed a mortgage to secure him but did not deliver it, amount to a ratification of the change in the note, as he knew nothing of the alteration when he made the payment, and did not know of the execution of the mortgage until some mouths after it was made.</p>

Judges: Lawrence

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