McMurtrey v. Sparks
Missouri Court of Appeals
Appeal from the JDent Circuit Court. — Hon. C. C. Bland, Judge. Judge Biggs, concurring, Judge Bland not sitting. The act of the plaintiff in changing the date of the note sued on, and its subsequent correction before suit on the same, did not change the meaning or language of the note, nor mislead any one; it was not, therefore, an alteration. Moore v. Bank, 22 Mo.
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Appeal from the JDent Circuit Court. — Hon. C. C. Bland, Judge. Judge Biggs, concurring, Judge Bland not sitting. The act of the plaintiff in changing the date of the note sued on, and its subsequent correction before suit on the same, did not change the meaning or language of the note, nor mislead any one; it was not, therefore, an alteration. Moore v. Bank, 22 Mo. App. 684. Bee, also, Williams v. Jensen, 75 Mo. 681. The authorities holding such rigid rules as to avoiding a note because of an alteration, were passing, on the question of releasing sureties. There is a material distinction…
1Opinion of the CourtBond, J.
This suit is upon the following note:
“$400. June 9th, 1895.
“Six months after date I promise to pay to the order of J. E. MeMurtrey, administrator of the estate of J. P. MeMurtrey, four hundred dollars, at eight per *129cent. This note given in lieu of one nearly debarred. Value received with interest at eight per cent per annum. William Sparks.”
The answer averred that plaintiff with intent to make valid what he deemed invalid, had altered the date of note without defendant’s knowledge or consent, and hence the note was not executed by defendant. The cause was submitted to the court without a…
2Cases cited4 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- State v. McGonigleSupreme Court of Missouri · 1890
- Aubuchon v. M'NnightSupreme Court of Missouri · 1823
3Cited by3 opinions
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Johnson v. ParkerMissouri Court of Appeals · 1901
- Cooper v. HembreeSupreme Court of Oklahoma · 1944