Brownell v. . Winnie
New York Court of Appeals
This action was commenced in a court of a justice of the peace of the county of Monroe, July 5, 1868. On the 21st day of January, 1856, one Swinerton made and delivered to the defendant his promissory note, as follows : “ Perinton, January 21, 1856. “ For value received, I promise to pay Christopher Winne or bearer, fifty dollars, on the first day of April next, with interest. “ Algernon Swinerton.”
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This action was commenced in a court of a justice of the peace of the county of Monroe, July 5, 1868. On the 21st day of January, 1856, one Swinerton made and delivered to the defendant his promissory note, as follows : “ Perinton, January 21, 1856. “ For value received, I promise to pay Christopher Winne or bearer, fifty dollars, on the first day of April next, with interest. “ Algernon Swinerton.” On the first day of October, 1856, the defendant sold and transferred the note to the plaintiff. The plaintiff made it a condition, of the sale and transfer to him, that Winne should add his…
1Opinion of the CourtMullin, J.
It has been too long and too well settled to be open for discussion, that an alteration of a written contract in a material part, without the consent of the parties, discharges them from liability. This rule applies to bills and notes, as well as to all other species of contracts. It was held in England, in Gardner agt. Walch (32 E. L. & E. 162), that the addition of the name of a person to.a joint and several promissory note signed by two as makers, without the knowledge and assent of one of them, was such a material alteration as avoided the note. 'The same principle was applied in this…
2Cases cited5 opinions
- Chappell v. SpencerNew York Supreme Court · 1857
- Cobb v. . TitusNew York Court of Appeals · 1854
- Partridge v. ColbyNew York Supreme Court · 1855
- Staats v. Hudson River Rail RoadNew York Supreme Court · 1862
- Burton v. BakerNew York Supreme Court · 1857
3Cited by17 opinions
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- Mersman v. WergesSupreme Court of the United States · 1884
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- First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899
- Van Slyck v. SnellNew York Supreme Court · 1872
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