Hughes v. Saunder's Ex'rs
| Decision Date | 07 July 1814 |
| Parties | Hughes v. Saunders' executors. |
| Court | Kentucky Court of Appeals |
SOME of the facts of this case are not as well established as it is apparent they might have been if the cause had been prepared with more skill and attention; but as the facts appear to the Court the case is substantially and briefly this:
An indorsement on an obligation made at the execution thereof and signed by the obligee makes a part of the contract-- Williams v. Handley, 6 Ky. 10.
The principal and the obligee cannot by an arrangement subsequently made without the consent of the security change the contract to his detriment.
On the 7th of September, 1802, Lewis Craig executed his bond to the appellant Hughes, for the conveyance of all the land he should obtain by Mosby's 20,000 acre entry, out of Isaac Prichard's survey, lying within certain boundaries specified in the bond. On the 6th of October following Craig, with Robert Saunders, the testator of the appellees his security, gave his bond to Hughes for the payment of $1000, with interest, within three years from the date. By an indorsement upon the bond, of the same date, which indorsement was signed by Hughes, he agreed if Craig should recover the land of Prichard, that he should have credit for it upon the money bond. Craig afterward obtained the land of Prichard, except about 42 acres, which he gave up on a compromise with Prichard; but Craig refused to convey to Hughes the land he had obtained, unless Hughes would in the first place allow a credit for $300 for which he had given his bond with Charles Saunders, his security, and for the payment of which he was then pressed by a suit. Hughes agreed to do so, and on the 7th of August, 1809, received a deed for 346 acres, which he acknowledged to be in satisfaction of the $300 bond, and for which he also gave a credit upon the $1000 bond, for the principal and interest, except $200. For that sum he brought suit and recovered judgment against the appellees, as executors of Robert Saunders. To stay proceedings upon which, they filed their bill in chancery with an injunction, and on a final hearing the Court below by their decree made the injunction perpetual with costs; from which decree this appeal is prosecuted.
The general error is assigned, and the single question is whether the appellees have a right to claim a credit upon the bond to which their testator was a...
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