Legal Opinion

McGrath v. . Clark

New York Court of Appeals

Decided February 10, 1874PublishedCited by 31 opinions

1Opinion of the Court

The ruling of the learned judge at the circuit in directing a verdict for the plaintiff, cannot be sustained. When the note was indorsed by the defendant and delivered to the maker, the only blanks in it were the time and place of payment. These blanks the maker had an implied authority to fill up by inserting any time and place he chose, but he had no authority to make any material alteration in the note. The note was perfect in other respects. The addition of the words, "with interest," increased the liability of the indorser; and the maker had no more right to add those words than he had…

2Cases cited3 opinions

  1. Van Duzer v. . HoweNew York Court of Appeals · 1860
  2. Mitchell v. CulverNew York Supreme Court · 1827
  3. Kitchen v. PlaceNew York Supreme Court · 1864

3Cited by31 opinions

  1. Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
  2. Walsh v. HuntCalifornia Supreme Court · 1898
  3. Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
  4. National Exchange Bank v. LesterNew York Court of Appeals · 1909
  5. Burrows v. KlunkCourt of Appeals of Maryland · 1889

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