Royse v. State Nat. Bank of St. Joseph

Decision Date16 December 1896
Citation50 Neb. 16,69 N.W. 301
PartiesROYSE ET AL. v. STATE NAT. BANK OF ST. JOSEPH.
CourtNebraska Supreme Court

OPINION TEXT STARTS HERE

Syllabus by the Court.

1. The addition of the name of a surety to a promissory note after its delivery to the payee, without the maker's knowledge, is not such an alteration as will release such maker. Barnes v. Van Keuren, 47 N. W. 848, 31 Neb. 165.

2. A bill of exceptions not authenticated according to statute will be disregarded upon review.

Error to district court, Custer county; Holcomb, Judge.

Action by the State National Bank of St. Joseph against S. J. Lonergan and Edward Royse. Judgment for plaintiff. Defendants bring error. Affirmed.

J. S. Kirkpatrick, L. E. Kirkpatrick, E. P. Campbell, and M. McSherry, for plaintiffs in error.

Sullivan & Gutterson, for defendant in error.

NORVAL, J.

The State National Bank of St. Joseph, Mo., brought an action in the court below against S. J. Lonergan and Edward Royse, upon the following promissory note: “$2,000. Broken Bow, Nebraska, February 7th, 1891. Two months after date, and for value received, we jointly and severally promise to pay to the order of the Central Nebraska National Bank of Broken Bow, Nebraska, two thousand dollars, with interest at the rate of ten per cent. per annum, from maturity, until paid. S. J. Lonergan. E. Royse.” The petition alleges the execution and delivery of the note to the payee therein named; the transfer and indorsement thereof to plaintiff, for value, before maturity; that no part of the same has been paid; and that there is due plaintiff thereon from the defendants the sum of $2,000 and interest. The defendants filed separate answers, that of Lonergan alleging, in substance: (1) That, since the execution and delivery of the note by him to the original payee, the same has been altered, without his knowledge or consent, by one Ed Royse signing his name thereto as surety. (2) That Lonergan received no consideration for signing the note; that he executed and delivered it to the Central Nebraska National Bank as an accommodation merely; and that said bank turned over and assigned the note to plaintiff as collateral security to a pre-existing debt due it from the payee. The defendant Royse sets up in his answer, as a defense, that he signed the note “long after its execution by the defendant S. J. Lonergan, and as an accommodation only; that he never received any consideration for the same; and that plaintiff knew when it received the same that it...

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