Allen v. Dornan
Missouri Court of Appeals
JError to the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. The trial court committed error in overruling the demurrer. The fact, that the defendant in error signed the note “after it became due” and without any “consideration whatever” was an alteration of the note and discharged plaintiffs in error from all liability thereon.
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JError to the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. The trial court committed error in overruling the demurrer. The fact, that the defendant in error signed the note “after it became due” and without any “consideration whatever” was an alteration of the note and discharged plaintiffs in error from all liability thereon. FLuskell v. Champion, 30 Mo. 136; Bank v. Frick, 75 Mo. 178; Morrison v. Grath, 78 Mo. 434; Bank v. Armstrong, 62 Mo. 59; Bank v. Fcky, 51 Mo. 272; Bunt v. Silver, 5 Mo. 186. The alteration was a material one. Tiedeman on Commercial Paper, see. 394, and cases…
1Opinion of the CourtSmith, J.
— This suit was brought on a promissory note made by the defendants and one L. M. Allen, since deceased, to W. J. Bond for $130, payable six months after date.
It is alleged in the petition that the plaintiff is the son of the said L. M. Allen, deceased, and succeeded to his estate as heir; that the said Bond assigned said note to the bank of Versailles and that long after it was past due, at the request of said bank, he signed said note as evidence of his good faith and intention to pay out of assets of said decedent’s estate the portion of said note for which the said deceased was liable.…
2Cases cited8 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- German Bank v. DunnSupreme Court of Missouri · 1876
- Lunt v. SilverMissouri Court of Appeals · 1878
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3Cited by3 opinions
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Higgins v. Deering Harvester Co.Supreme Court of Missouri · 1904
- International Bank v. NaughtonMissouri Court of Appeals · 1901