Moore v. Hutchinson
Supreme Court of Missouri
Appeal from, Moniteau Circuit Court. — Hon. G. W. Miller, Judge. The plaintiff testified that he loaned the money to the defendants, they agreed to pay him one per cent, a month, and the note-was drawn that way — he scratched the word “ one ” out and by so doing he thought it would be an advantage to them.
1Opinion of the CourtSherwood, C. J.
Action before a justice of the peace on a promissory note.
I. It was perfectly competent for defendants to file their plea of non est factum for the first time in the circuit *430court, since tbe trial iu tbe circuit court was de novo. Phillips v. Bliss, 32 Mo. 427.
II Tbe payee of the note had no right to alter tbe note in tbe slightest particular, without the consent of all who were interested; and such unwarranted alteration rendered the note null in his hands, no matter how pure his motives in making the alteration. Haskell v. Champion, 30 Mo. 136; Evans v. Foreman, 60 Mo. 449; Capital Bank v.…
2Cases cited7 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
- German Bank v. DunnSupreme Court of Missouri · 1876
- Robbins v. PhillipsSupreme Court of Missouri · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Richardson v. FellnerSupreme Court of Oklahoma · 1900
- Commonwealth Nat. Bank of Dallas, Tex. v. BaughmanSupreme Court of Oklahoma · 1910
- Kkk Medicine Co. v. HarringtonSupreme Court of Oklahoma · 1921
19 more not listed; retrieve them via the Exa API.