Legal Opinion

Haskell v. Champion

Supreme Court of Missouri

Decided March 15, 1860PublishedCited by 29 opinions

Error to St. Louis Circuit Court. This was a suit against Champion as maker and the other defendants as endorsers of a negotiable promissory note. The note was signed “ B. E. C. Champion & Co.,” and the signature proved to be in the handwriting of Champion. All the other signatures were proved to be genuine, and due demand, refusal of payment, protest and notice were proved; also the copartnership of plaintiffs, and of defendants C. D. and J. T. Sullivan.

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Error to St. Louis Circuit Court. This was a suit against Champion as maker and the other defendants as endorsers of a negotiable promissory note. The note was signed “ B. E. C. Champion & Co.,” and the signature proved to be in the handwriting of Champion. All the other signatures were proved to be genuine, and due demand, refusal of payment, protest and notice were proved; also the copartnership of plaintiffs, and of defendants C. D. and J. T. Sullivan. The defence rested upon the following facts, which were proved: B. E. C. Champion executed the note and obtained the endorsements of the…

1Opinion of the CourtScott, Judge

The law, in dealing with the subject of the alteration of written instruments, looks further than to the materiality or immateriality of the alteration. Aware of the danger of countenancing the most trifling change, it has not permitted those entrusted with such instruments to alter them and af-terwards defend their conduct by alleging the immateriality of the alteration. There is a motive to such conduct, and if an alteration of an instrument is immaterial, and believed to be so, there can be no inducement to the act. Every man’s sense of justice and propriety must teach him that it is wrong…

2Cases cited1 opinion

  1. Medlin v. Platte CountySupreme Court of Missouri · 1843

3Cited by29 opinions

  1. Kelly v. ThueySupreme Court of Missouri · 1898
  2. Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
  3. Evans v. ForemanSupreme Court of Missouri · 1875
  4. Moore v. HutchinsonSupreme Court of Missouri · 1879
  5. Hord v. TaubmanSupreme Court of Missouri · 1883

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