Port Huron Engine & Thresher Co. v. Sherman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by the Port Huron Engine & Thresher Company against P. E. Sherman and another, upon a promissory note. Erom a judgment in favor of plaintiff, defendants appeal. An unauthorized alteration by the payee of a promissory note by inserting the place of payment, or by changing the note so as to make it payable at a place other than that which had been designated in the instrument, void's it. Comp.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by the Port Huron Engine & Thresher Company against P. E. Sherman and another, upon a promissory note. Erom a judgment in favor of plaintiff, defendants appeal. An unauthorized alteration by the payee of a promissory note by inserting the place of payment, or by changing the note so as to make it payable at a place other than that which had been designated in the instrument, void's it. Comp. L., Sec. 3595; 2 Dan. Neg. Inst., Sec. 1378; 2 Am.-Eng. Ency. Law, (2 ed) 241. This is not a case of spoliation of a note…
1Opinion of the CourtCoixson, J.
This is an action upon a promissory note alleged to have been executed by the defendants to the plaintiff. Verdict and judgment was directed in favor of the plaintiff, and the defefndants appeal. The defendants, in their answer, alleged that, after the execution and delivery of the note set forth in the plaintiff’s complaint, the same was materially altered by the plaintiff, without the consent of the defendants, by wrongfully and fraudulently inserting the words, “Sioux Falls National Bank, Sioux Falls, So. Dak.” They allege that an action had been previously commenced in the county court of…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Brooks v. AllenIndiana Supreme Court · 1878
- Bigelow v. StilphenSupreme Court of Vermont · 1863
- Kingan & Co. v. SilversIndiana Court of Appeals · 1894
- White Sewing Machine Co. v. DakinMichigan Supreme Court · 1891
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