International Bank v. Naughton
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OE THE CASE. This suit, begun before a justice and subsequently tried in the circuit court, was for a balance of $215.95 upon a note dated November 6, 1896, payable oil demand, executed by the Red Cross Building & Loan Association, in favor of plaintiff, for the sum of twenty-four hundred dollars, on the back of which, and prior to its delivery to the payee, were written the following names: “J.…
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OE THE CASE. This suit, begun before a justice and subsequently tried in the circuit court, was for a balance of $215.95 upon a note dated November 6, 1896, payable oil demand, executed by the Red Cross Building & Loan Association, in favor of plaintiff, for the sum of twenty-four hundred dollars, on the back of which, and prior to its delivery to the payee, were written the following names: “J. W. Bergfield, A. J. Naughton, T. C. Hamilton, Wilbur E. Parker, Geo. E. Bergfield, John A. Meyer, Julius C. Garrell.”…
1Opinion of the CourtBond, J.
The change in the contract evidenced by the note and the signatures on the back thereof of seven persons, by the erasure of the name of one of them and without knowledge or consent of the others, while the note was in the possession of the payee, was such an alteration as avoided the liability of unconsenting parties to the contract under the established rule in this State. Morrison v. Garth, 78 Mo. 434; Allen v. Dorman, 57 Mo. App. 288; Briggs v. Glenn, 7 Mo. 573. It is insisted, however, by the learned counsel for respondent, that the principle upon which the foregoing rule is based, has no…
2Cases cited5 opinions
- Van Petten v. RichardsonSupreme Court of Missouri · 1878
- Morrison v. GarthSupreme Court of Missouri · 1883
- Allen v. DornanMissouri Court of Appeals · 1894
- Briggs v. GlennSupreme Court of Missouri · 1842
- Labeaume ex rel. Chouteau v. SweeneySupreme Court of Missouri · 1852