Brim v. Fleming
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The insertion of the figures “10” before'the words, “per cent” in the note and deed of trust in suit was made by James Brim. Such insertion changed the. terms of both those instruments, and, having been made without the consent of the maker, rendered them void. Bankv. Nickell, 34 Mo. App. 295; Bankv.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The insertion of the figures “10” before'the words, “per cent” in the note and deed of trust in suit was made by James Brim. Such insertion changed the. terms of both those instruments, and, having been made without the consent of the maker, rendered them void. Bankv. Nickell, 34 Mo. App. 295; Bankv. JEckey, 51 Mo. 272; Woodworth v. Anderson, 63 Iowa, 503. (2) Except as affected by the rights of an innocent purchaser for value of negotiable paper, it has been settled through a long line of decisions in this state, that when…
1Opinion of the CourtMacfarlane, J.
This suit is to foreclose a deed of trust made by defendant, Rachel B. Fleming to Richard Stumpf as trustee, conveying certain lots in the city of St. Joseph to secure a note for $4,000, payable to plaintiff, dated December 3, 1883*, due January 1, 1887, and bearing interest from date at ten per cent per annum. The petition charged these facts and also that the note was due, and, excepting certain admitted credits, was unpaid, and that the trustee refused to act.
The petition charged in addition, a prior deed of trust on the same lots to secure an indebtedness of $1,300; *601that on the said third…
2Cases cited8 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Fithian v. MonksSupreme Court of Missouri · 1869
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Field v. StaggSupreme Court of Missouri · 1873
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3Cited by12 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Long v. LongSupreme Court of Missouri · 1897
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
7 more not listed; retrieve them via the Exa API.