Kingston Savings Bank v. Bosserman
Missouri Court of Appeals
Appeal from the Caldwell Circuit Court. — Hon. ¥m. Henky, Special Judge. (1) A change in an instrument, that does not vary its meaning or affect its operation, does not amount to an alteration nor make the instrument void. B. & L. Ass’n v. Fitzmaurice, 7 Mo.
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Appeal from the Caldwell Circuit Court. — Hon. ¥m. Henky, Special Judge. (1) A change in an instrument, that does not vary its meaning or affect its operation, does not amount to an alteration nor make the instrument void. B. & L. Ass’n v. Fitzmaurice, 7 Mo. App. 283; 2 Parsons on Contracts [7 Ed.] 856, side p. 718; Daniel on Negotiable Instruments, sees. 1373, 1398. (2) Nothing less than a material alteration of an instrument will render it void in the hands of an innocent holder. State to use v. Dean, 40 Mo. 464; Daniel on Negotiable Instruments, sec. 1405; Bank v. Murdock, 62 Mo. 70; Bub.…
1Opinion of the CourtGill, J.
— This is an action on the following promissory note:
“$120.00. Polo, Mo., July 30, 1890.
“Six months after date I, or we, or either of us, promise to pay to the order of ¥m. Downing $127, for value received, with interest at the rate of ten per cent, per annum, hereby intending to charge my separate estate and property.
“(Signed) J. E. Bossekman.”
Plaintiff sues as an indorsee before maturity and for value. The defense relied upon is that when the note was executed and delivered to Downing the words, “hereby intending to charge my separate estate and property,” did not appear, but that the…
2Cases cited4 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Moore v. Macon Savings BankMissouri Court of Appeals · 1886
- Morrison v. GarthSupreme Court of Missouri · 1883
3Cited by5 opinions
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- A. A. Cooper Wagon & Buggy Co. v. WooldridgeMissouri Court of Appeals · 1903
- Middaugh v. ElliottMissouri Court of Appeals · 1895
- Fred Heim Brewing Co. v. HazenMissouri Court of Appeals · 1893
- Handley v. BarrowsMissouri Court of Appeals · 1897