Boalt v. Brown (13 Ohio St. 364, 1862)

Scott, J.

Do the' facts of this case, as shown by the record, make a case of contract between Brown, the surety, and Hurlbut, the payee of the note ? Or, in other words, was there a valid signing and delivery of the note, in any form, by Brown ?

It is clear that the note, in the form in which it was signed by Brown, in pencil, was never delivered to the payee. He declined to accept it in this form; and, at his instance, the words “interest to be paid annually” were added to it, before delivery, in the absence of Brown, and without his knowledge or assent. Foster had no express authority from Brown to. modify the terms of the instrument, nor do the circumstances show an implied authority. For it