Pelton v. Prescott
Supreme Court of Iowa
Appeal from, Clayton District Court, 1. The alterations of the note by Pelton, by adding the sum of $68, and changing the date without the knowledge or consent of appellant, not only rendered the note void, but completely extinguished the consideration for which it was given. Newell v. Mayberry, 3 Leigh, 250; Wheeloclc v. Freeman, 13 Pick., 165; Mills v. Starr, 2 Bailey, 359; Whitman v. Fry, 10 Miss., 348; Stevens v. Graham, 7 Serg. & Rawle, 505; TI.
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Appeal from, Clayton District Court, 1. The alterations of the note by Pelton, by adding the sum of $68, and changing the date without the knowledge or consent of appellant, not only rendered the note void, but completely extinguished the consideration for which it was given. Newell v. Mayberry, 3 Leigh, 250; Wheeloclc v. Freeman, 13 Pick., 165; Mills v. Starr, 2 Bailey, 359; Whitman v. Fry, 10 Miss., 348; Stevens v. Graham, 7 Serg. & Rawle, 505; TI. S. Bank v. Russell, 3 Yeates, 391; 19 Johnson, 391; 17 Wend., 238; 24 Id., 374; 2 N. H., 543; Master v. Miller, 1 Smith’s L. C., 458; Bank of…
1Opinion of the CourtWright, J.
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To the plaintiff’s petition, which is upon a promissory tíote, one of the defendants answered, that since the signing of the same, it had been altered without his knowledge or consent, as follows: the date from December 20, 1855, to February 20,1856, and the amount from $400 to $468. On the trial, it was shown that these alterations had been made by plaintiff, after the execution and delivery of the note without defendant’s knowledge, who signed the same as surety. An instruction was asked to the effect, that if the note was signed by the defendant as surety, and if after this, the payee…
2Cases cited4 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Woolley v. ConstantNew York Supreme Court · 1809
- Ex parte KerwinNew York Supreme Court · 1828
- Grimstead v. BriggsSupreme Court of Iowa · 1857
3Cited by6 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- State v. PaxtonNebraska Supreme Court · 1902
- Matson v. JarvisCourt of Appeals of Texas · 1910
- Owens v. TagueIndiana Court of Appeals · 1892
- Holyfield v. HarringtonSupreme Court of Kansas · 1911
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