Hunt v. Adams
Massachusetts Supreme Judicial Court
The declaration in this case, which was in assumpsit, contained several counts, but all for the same cause of action. The general issue was pleaded, and a trial being had thereon before Sedgwick, J., at the last May term in this county, a verdict was found for the plaintiff. Whereupon the defendant moved for a new trial upon the judge’s report, on the ground that the verdict was against evidence, and against the direction of the judge in a matter of law.
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The declaration in this case, which was in assumpsit, contained several counts, but all for the same cause of action. The general issue was pleaded, and a trial being had thereon before Sedgwick, J., at the last May term in this county, a verdict was found for the plaintiff. Whereupon the defendant moved for a new trial upon the judge’s report, on the ground that the verdict was against evidence, and against the direction of the judge in a matter of law. The plaintiff, to maintain the issue on his part, gave in evidence, at the trial, a note of the following tenor, viz.: — “ Lee, July 23d,…
1Opinion of the CourtParsons, C. J.
[After stating the action and its history from the report of the judge who sat in the trial.] As to the alteration, it is an old rule, that any alteration, whether material or not, in an instru rnent, made by the party to whom it is given, shall avoid it, unless *430made by the consent of the party who executed it. But this consent may as well be implied from the nature of the alteration, as be expressed. There are several cases to this point. Markham vs. Goraston, (Moor. 547,) where blanks were filled up by consent after execution, and the deed was held good. In Paget vs. Paget, (2 Ch. Rep.…
2Cited by53 opinions
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