First Nat. Bank v. Weidenbeck
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This is an action by the First National Bank of Butte, plaintiff in error, against Sigmund T. Weidenbeck and Gustave J. Heinrich, the defendants in error, to recover from them the sum of $4,000 on a note executed by tbe Twin City Butte Mining Company, a corporation existing under the laws of the state of Montana, of which the defendants were trustees.
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In Error to the Circuit Court of the United States for the District of Minnesota. This is an action by the First National Bank of Butte, plaintiff in error, against Sigmund T. Weidenbeck and Gustave J. Heinrich, the defendants in error, to recover from them the sum of $4,000 on a note executed by tbe Twin City Butte Mining Company, a corporation existing under the laws of the state of Montana, of which the defendants were trustees. The complaint alleges that the mining company, which was a corporation organized and existing under the laws of the state of Montana, borrowed from the plaintiff…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts as above). Formerly it was held that any alteration of a contract, whether material or immaterial, by a party claiming under it, avoided the contract. But the modern doctrine is that an immaterial alteration of a contract by a party claiming under it does not avoid the contract. 2 Pars. Gont. 717-720; Rand. Com. Paper, § 1748; Daniels, Neg. Inst. 1898. The principal and most important question in this case is, did the addition of Tong’s name to the note as guarantor, and its subsequent erasure therefrom, in the manner and under the circumstances stated in the…
2Cases cited18 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Smith v. United StatesSupreme Court of the United States · 1865
- Miller v. FinleyMichigan Supreme Court · 1872
- Mersman v. WergesSupreme Court of the United States · 1884
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
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3Cited by10 opinions
- Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
- Sobey v. MolonyCalifornia Court of Appeal · 1940
- Gen. Conference of Free Baptists v. BerkeyCalifornia Supreme Court · 1909
- Daily v. MarshallMontana Supreme Court · 1913
- Greb v. Diamond International Corp.California Supreme Court · 2013
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