Wait v. Pomeroy
Michigan Supreme Court
Error to Washtenaw Circuit. This was an action of trover brought by Pomeroy in the Circuit Court for the County Washtenaw for the value of a pair of horses delivered by him to Wait, in exchange for a promissory note, of which the following is a copy: $200.00. Township op Sharon, Oct. 12, 1868. One year after date, I promise to pay W. D. Munn or bearer, two hundred dollars, for value received, with ten per cent, interest. No. 113. CONBAD HISELSOHWEBDT.
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Error to Washtenaw Circuit. This was an action of trover brought by Pomeroy in the Circuit Court for the County Washtenaw for the value of a pair of horses delivered by him to Wait, in exchange for a promissory note, of which the following is a copy: $200.00. Township op Sharon, Oct. 12, 1868. One year after date, I promise to pay W. D. Munn or bearer, two hundred dollars, for value received, with ten per cent, interest. No. 113. CONBAD HISELSOHWEBDT. The plaintiff offered evidence to show, that at the .time of the trade, the defendant stated to the said plaintiff that the maker of the note…
1Opinion of the Court
Campbell, Oh. J.
The only question raised in this case is whether the destruction of a memorandum, written under a promissory note, and qualifying it, vitiates the note in the hands of a dona fide holder, having no knowledge of the alteration.
We think it quite clear upon the authorities that the note and memorandum constituted but one contract, and were in law a single instrument. There are some decisions which have held particular memoranda immaterial. But no case has been cited, and we have found none which holds that, if material, it may be disregarded. The cases are fully collected in 2…
2Cases cited2 opinions
- Coolidge v. IngleeMassachusetts Supreme Judicial Court · 1816
- Little v. DerbyMichigan Supreme Court · 1859
3Cited by31 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Cline v. GuthrieIndiana Supreme Court · 1873
- Horn v. Newton City BankSupreme Court of Kansas · 1884
- Tisher v. BeckwithWisconsin Supreme Court · 1872
- Ort v. FowlerSupreme Court of Kansas · 1884
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