Chappell v. Spencer
New York Supreme Court
APPEAL from a judgment entered at a special term. The action was brought against the defendants Robert Howie, Wellington Spencer and John Spencer, as the makers of a promissory note. The complaint described the note as having been made by the defendants and one William A. Murray. The answer was a general denial.
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APPEAL from a judgment entered at a special term. The action was brought against the defendants Robert Howie, Wellington Spencer and John Spencer, as the makers of a promissory note. The complaint described the note as having been made by the defendants and one William A. Murray. The answer was a general denial. The cause was referred to a referee, who found the following facts : That about the middle of the month of July, 1854, the defendants made a joint and several promissory note for $215, payable with interest on the 1st day of November, then next, to William A. Murray, or bearer, and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
In Pigot’s case, (11 Coke’s Rep. 26,) it was resolved that when any deed is altered in a point material, by the plaintiff himself, or a stranger, without the privity of the obligor, be it by interlineation, addition, erasing or by drawing a pen through a line or through the midst of a material word, the deed thereby becomes void. The court of king’s bench, in Master v. Miller, (4 T. R. 320,) applied this rule, as thus stated, to a bill of exchange, and declared it applicable to all written instruments. Lord Kenyon says of the Pigot case, that it establishes…
2Cases cited14 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
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3Cited by18 opinions
- Evans v. ForemanSupreme Court of Missouri · 1875
- Coburn v. WebbIndiana Supreme Court · 1877
- Bowers' Adm'r v. BriggsIndiana Supreme Court · 1863
- Brownell v. . WinnieNew York Court of Appeals · 1864
- McCaughey v. . SmithNew York Court of Appeals · 1863
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