King v. Hunt
Supreme Court of Missouri
APPEAL EBOM DADE CIBCOIT COUBT. Hunt sued one Mathias Frazier and King, before a justice of the peace in Dade county, on a promissory note given by Frazier as principal, and King as security. The note was for fifty-five dollars, and was due the first of March, 1845. It appeared from the face of the note, and was so proven on the trial, that the note had been altered by erasing the word “May,” and inserting “March.” The summons issued by the justice was served on King.
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APPEAL EBOM DADE CIBCOIT COUBT. Hunt sued one Mathias Frazier and King, before a justice of the peace in Dade county, on a promissory note given by Frazier as principal, and King as security. The note was for fifty-five dollars, and was due the first of March, 1845. It appeared from the face of the note, and was so proven on the trial, that the note had been altered by erasing the word “May,” and inserting “March.” The summons issued by the justice was served on King. Frazier was not found, nor was any disposition of the case ever made as to him. On the trial before the justice, Hunt,…
1Opinion of the CourtRyland, J.
The only question in this case, which calls for the attention Of this court, is the one involving the assent of the appellant, King, to the alteration of the note, as to the time of its maturity; and his adopting it thus altered; and his promising to pay it. After the testimony was closed, the court gave several instructions, for the plaintiff, as well as for the defendant. These instructions place the whole case, fairly and consistently with the rules of law which must govern it, before the jury.
We will insert some of the instructions given for defendant, that it may be seen, that the point…
2Cited by4 opinions
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