Knapp v. Maltby
New York Supreme Court
This was an action of covenant, tried at the Oswego circuit in July, 1831, before the Hon. Nathan Williams, then one of the circuit judges.
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This was an action of covenant, tried at the Oswego circuit in July, 1831, before the Hon. Nathan Williams, then one of the circuit judges. The suit was brought on a sealed agreement, made by the defendant 18th November, 1830, whereby he covenanted to assig?i to the plaintiff a lease, which he held of certain premises, for the term of two years from the first day of January, 1831, and to deliver possession thereof, provided that the gave such security for the payment of the rent of the premises (viz. $250 per year) as J. W. Helme should say was sufficient for that purpose; the agreement…
1Opinion of the Court
By the Court,
Sutherland, J.
From the testimony of the witness to the bond, and who made the alleged alteration in it, the inference is very strong that the words inserted and interlined by him did not change the legal effect or character of the instrument. He thinks the words were may, or can, or assign. The instrument is in the hands of the defendant, who refused to exhibit it to the witness ; and as he did not produce it on the trial, the presumption against the materiality of the alteration is very much strengthened. But admitting it to have been material, the witness by whom it was made…
2Cited by28 opinions
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