Humphreys v. Guillow
Superior Court of New Hampshire
Assumpsit, upon a promissory note, made by the defendants, dated on the 25th day of August, 1837, payable to Benjamin and Jonathan Haskell, or bearer, and by them transferred to the plaintiff. Upon the production of the note, it appeared that it was originally written, “I promise to pay,” &c., and that it had been altered, so as to read, “ We promise to pay,” &c.
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Assumpsit, upon a promissory note, made by the defendants, dated on the 25th day of August, 1837, payable to Benjamin and Jonathan Haskell, or bearer, and by them transferred to the plaintiff. Upon the production of the note, it appeared that it was originally written, “I promise to pay,” &c., and that it had been altered, so as to read, “ We promise to pay,” &c. The plaintiff offered no evidence to prove when this alteration was made, but he introduced testimony to prove that in the month of March, 1839, he called upon the defendants for payment of the note, or security, and that they met…
1Opinion of the CourtGilchrist, J.
The note as originally given was joint and several, and after the alteration had been made, was merely joint, so that the alteration was in a material part. March vs. Ward, Peake 130; Clark vs. Blackstock, Holt 474; Hemmenway vs. Stone, 7 Mass. 58. It is true, that the alteration is of such a nature as to be apparently against the interest of the holder of the note. This, however, cannot make any difference in the result; for the note as altered does not contain the contract as the parties saw fit to make it. The sensible and recognized principle is, “ that no one shall be permitted to take…
2Cases cited4 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Hemmenway v. StoneMassachusetts Supreme Judicial Court · 1810
- O'Neale v. LongSupreme Court of the United States · 1807
- Hills v. BarnesSuperior Court of New Hampshire · 1840
3Cited by2 opinions
- Ladd v. BakerSuperior Court of New Hampshire · 1852
- Fales v. CurrierSupreme Court of New Hampshire · 1875