Robinson v. Berryman
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. Geo. W. Dunn, Judge. Tlie case and facts are stated in the opinion of the -court. I. An alteration, to avoid a note, must be made with the knowledge of a party claiming a benefit under it, and a joint promisor or maker is not such a party. McCramer v. Thomson, 21 la. 244; Grockett v. Thomason, 5 Sneed (Tenn.) 342; Hunt's. Gray, 35N. J. 227; 1 Saw. on Leading Cases, 814; 1 Greenleaf on Evidence (13 Ed.) sect. 566; Lubbering's.
Read the full summary
Appeal from Clinton Circuit Court, Hon. Geo. W. Dunn, Judge. Tlie case and facts are stated in the opinion of the -court. I. An alteration, to avoid a note, must be made with the knowledge of a party claiming a benefit under it, and a joint promisor or maker is not such a party. McCramer v. Thomson, 21 la. 244; Grockett v. Thomason, 5 Sneed (Tenn.) 342; Hunt's. Gray, 35N. J. 227; 1 Saw. on Leading Cases, 814; 1 Greenleaf on Evidence (13 Ed.) sect. 566; Lubbering's. Kohlbreeher, 22 Mo. 596. II. The alteration is not a material one. Manufacturers, etc., v. Follette, 11 R..I. 92; Horst's.…
1Opinion of the CourtEllison, J.
The following facts, it is conceded, substantially present this case :
W. T. Grimes, now deceased, wishing to borrow four hundred dollars, went to his brother-in-law, the defend.ant, and telling him that he could get the money from Kemp M. Wood, asked him to execute a note with him for that sum, payable to Wood in one year from its date. The defendant consented, and Grimes prepared the note sued on, but which, at the time, was made payable to Kemp M. Wood, and the defendant signed it (the note having been first signed by Grimes and his wife), and delivered the note to Grimes.
For some reason…
2Cases cited6 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Trigg v. TaylorSupreme Court of Missouri · 1858
- Ivory v. MichaelSupreme Court of Missouri · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hodge v. Farmers' BankIndiana Court of Appeals · 1893
- International Bank of Coalgate v. Mullen MullenSupreme Court of Oklahoma · 1911
- Hoffman v. Planters National BankSupreme Court of Virginia · 1901
- Winchester v. Winn and Winn Const. Co.Missouri Court of Appeals · 1930
- Anderson Banking Co. v. ChandlerSupreme Court of Georgia · 1921