Basey v. McKinney
Indiana Court of Appeals
From Jackson Circuit Court; John M. Lewis, Special Judge. Suit by Elijah Basey, as surviving partner of the firm of Cabell & Basey, against Howard McKinney and others. From a judgment for defendants, plaintiff appeals.
1Concurrence
Concurring Opinion.
Rabb, J.-
In order that an alteration made in a written instrument, after its execution, shall have the effect to vitiate. the same, such alteration must be material. It is not material unless it changes the legal effect of the instrument. 2 Am. and Eng. Ency. Law (2d ed.), 222, and eases cited. As between the parties, any description of chattels in a chattel mortgage is good, if the parties knew and understood what properties the mortgage covered. 1 Cobbey, Chattel Mortgages, §188, and cases cited; Baldwin v. Boyce (1898), 152 Ind. 46.
Therefore, if the description of the…
2Cases cited2 opinions
- Baldwin v. BoyceIndiana Supreme Court · 1898
- McKinney v. CabellIndiana Court of Appeals · 1900