Bruce v. Westcott
New York Supreme Court
Motion for a new trial. The action was assumpsit, on a promissory note or instrument in writing, made by the defendant, payable to J. K. Avevill, and endorsed by him to the plaintiffs in due course of trade. It was in these words: “ Six months from date I guaranty to pay J. K. Averill or his order one hundred and eighty dollars, without interest. Stillwater, April 8, 1845.” Signed “Isaac Westcott,” Endorsed “J. ÍL Averill.”
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Motion for a new trial. The action was assumpsit, on a promissory note or instrument in writing, made by the defendant, payable to J. K. Avevill, and endorsed by him to the plaintiffs in due course of trade. It was in these words: “ Six months from date I guaranty to pay J. K. Averill or his order one hundred and eighty dollars, without interest. Stillwater, April 8, 1845.” Signed “Isaac Westcott,” Endorsed “J. ÍL Averill.” The cause was tried before the Hon. J. Willaud, then circuit judge, at the Saratoga circuit, in May, 1847, and a verdict taken for the plaintiffs. The defendant insisted…
1Opinion of the Court
By the Court,
Hand, J.
The most important question in this case is, whether the insertion of the words “ or his order,” in a note, after its execution and delivery to the payee, without the maker’s knowledge or consent, and where there is a blank or space sufficient to do so without creating suspicion, invalidates the note in the hands of an innocent holder ? It is well settled that the alteration of a note in any material part, as against a party not consenting thereto, renders it wholly invalid, even in the hands of an innocent holder. (Chitty on Bills, 182, et seq. Woodworth v. Bank of…
2Cases cited4 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Herrick v. WhitneyNew York Supreme Court · 1818
- Boyd v. BrothersonNew York Supreme Court · 1833
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- Walsh v. HuntCalifornia Supreme Court · 1898
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- Holland v. HatchIndiana Supreme Court · 1859
- Chappell v. SpencerNew York Supreme Court · 1857
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