Severy State Bank v. Hoyt

Citations

• 103 Kan. 44
• 172 P. 994
• 1918 Kan. LEXIS 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Signed by Surety as Maker — Renewal Note Forged— Surety Liable on Original Note. A surety for a comaker signed a note as maker. The principal obtained a renewal by presenting to the holder a note signed by himself and purporting to be signed by the surety. The surety’s signature was forged. The holder sued the principal and the surety in separate actions on the renewal note. The actions were consolidated and tried together. The only issue presented to the jury for its determination was whether or not the signatures to the renewal note were forged. The jury found a general verdict against the principal and in favor of the surety. The holder then sued the surety on the original note, which had been canceled and delivered to the principal when the renewal note was given. Held, judgment was properly rendered against the surety.</p>