Home Ins. Co. of N.Y. v. Horrell Cravens
Missouri Court of Appeals
Appeal from Butler County Circuit Court. — Hon. Almon Ing, Judge (1) Any material alteration of a written instrument made after the execution thereof, without the consent of all the parties renders such instrument void. Bank v. Armstrong, 62 Mo. 59; McMurtry v. Sparks, 71 Mo. App. 126; Law v. Crawford, 67 Mo. App. 150; Barnett v. Nolte, 55 Mo.
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Appeal from Butler County Circuit Court. — Hon. Almon Ing, Judge (1) Any material alteration of a written instrument made after the execution thereof, without the consent of all the parties renders such instrument void. Bank v. Armstrong, 62 Mo. 59; McMurtry v. Sparks, 71 Mo. App. 126; Law v. Crawford, 67 Mo. App. 150; Barnett v. Nolte, 55 Mo. App. 184; 2 Cyc. 194 (4), 224 (24). (2) If a written instrument be masterially altered after its execution without the consent of all the parties, the non-consenting party may interpose that defense even though he may have acted under the instrument as…
1Opinion of the CourtFarrington, J.
The plaintiff brought suit on an installment note given for a policy of insurance covering a period of four years. The note was for $288, and the installments were $72 per year. Under the contract of insurance the plaintiff paid $72 cash and signed up an application for the insurance together with the installment note sued upon. It appears from the evidence that several months later there wa.s a loss, covered by the policy, for which the defendants claimed against the Insurance Company, and which loss was settled and paid to defendants by the plaintiff. When the first installment in the note…
Also in this document: Concurrence.
2Cases cited3 opinions
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Home Insurance v. HamiltonMissouri Court of Appeals · 1910
- Faith v. Home Life InsuranceMissouri Court of Appeals · 1919
3Cited by10 opinions
- Kap-Pel Fabrics, Inc. v. R. B. Jones & Sons, Inc.Missouri Court of Appeals · 1966
- Farrar v. MayabbMissouri Court of Appeals · 1959
- Safeco Insurance Co. of America v. Stone & Sons, Inc.Missouri Court of Appeals · 1992
- Farmers Mutual Hail Insurance Co. of Missouri v. MintonMissouri Court of Appeals · 1955
- Dowell v. Commonwealth InsuranceMissouri Court of Appeals · 1923
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