Mersman v. Werges
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. This is a bill in equity, filed in the Circuit Court of the United States for the District of Iowa by Joseph J. Mersman, a citizen of Missouri, against Caspar A. Werges and wife, citizens' of Iowa, to foreclose a mortgage of .her land in Iowa, ex-ecutedon September 1, 1870, by the husband andwife to E. H. Krueger, likewise a citizen of Iowa, “ to be void upon condition that the said Caspar A. Werges…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. This is a bill in equity, filed in the Circuit Court of the United States for the District of Iowa by Joseph J. Mersman, a citizen of Missouri, against Caspar A. Werges and wife, citizens' of Iowa, to foreclose a mortgage of .her land in Iowa, ex-ecutedon September 1, 1870, by the husband andwife to E. H. Krueger, likewise a citizen of Iowa, “ to be void upon condition that the said Caspar A. Werges shall pay to the said E. H. Krueger the sum of six thousand dollars as follows, viz., one year from date, with ten per…
1Opinion of the CourtJustice Gray
He .stated the facts in the foregoing language and continued:
This court is of'opinion that the decree of the Circuit Court cannot be sustained. The difference of opinion is not upon the facts of the case, but upon their legal effect.
A material alteration of a written contract by a party to it discharges a party who does not authorize or consent to the alteration, because it destroys the identity of the contract, and substitutes a different agreement for that into which he entered. In the application of this rule, it is not only well settled that a material alteration of a promissory note by…
2Cases cited10 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Smith v. United StatesSupreme Court of the United States · 1865
- Wood v. SteeleSupreme Court of the United States · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dodge v. TulleysSupreme Court of the United States · 1892
- Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Barnes v. Van KeurenNebraska Supreme Court · 1891
- First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899
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