Bailey v. Taylor
Supreme Court of Connecticut
This was an action of assumpsit on a promissory note, by which the defendants jointly and severally promised to pay the plaintiff, or bearer, on demand, for value received, the sum of 500 dollars, with interest. Taylor was defaulted ; and Avery, the other defendant, pleaded non assumpsit.
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This was an action of assumpsit on a promissory note, by which the defendants jointly and severally promised to pay the plaintiff, or bearer, on demand, for value received, the sum of 500 dollars, with interest. Taylor was defaulted ; and Avery, the other defendant, pleaded non assumpsit. The cause was tried at New-London, September term, 1835, before Waite, J. The plaintiff produced the note and proved the signatures of the defendants ; and no other evidence was offered, by either party. The defendant, Avery, claimed, that upon inspection of the note, it appeared, that it had been altered…
1Opinion of the Court
Williams, Ch. J.
The defendant does not complain, that the question as to the alteration of the note, and the time of that alteration, was submitted to the jury ; but he insists, that if they found such alteration, the note must be found void, un less the plaintiff accounted satisfactorily for such alteration: in other words, that every note or other written instrument, in which an erasure or alteration appears, is void, unless the plaintiff can and does produce evidence to show, that such erasure or alteration was made under such circumstances as not to impair the instrument. The principle is…
2Cases cited3 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Jackson v. OsbornNew York Supreme Court · 1829
- Steele's Lessee v. SpencerSupreme Court of the United States · 1828
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- Sirrine v. BriggsMichigan Supreme Court · 1875
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