Medlin v. Platte County
Supreme Court of Missouri
APPEAL from Platte Circuit Court. POINTS AND AUTHORITIES. 1. That the erasure of the name of Johnston from the note, after its execution and delivery to plaintiff, without the knowledge and consent of Medlin, renders the note void, and discharges him from the payment thereof, even though the erasure was made by a stranger, or any other person whomsoever, except it was done by Medlin, and that no action can be brought upon it even in the hands of an innocent holder for…
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APPEAL from Platte Circuit Court. POINTS AND AUTHORITIES. 1. That the erasure of the name of Johnston from the note, after its execution and delivery to plaintiff, without the knowledge and consent of Medlin, renders the note void, and discharges him from the payment thereof, even though the erasure was made by a stranger, or any other person whomsoever, except it was done by Medlin, and that no action can be brought upon it even in the hands of an innocent holder for valuable consideration.— 1 Peters’ U. S. C. C. Rep., 560; 6 Mass. Rep., 32; 4 A. C. Law, 278; 5 Monroe’s Rep., 32; 1 Wheaton’s…
1Opinion of the CourtTompkins, J.
The State of Missouri sued Hall Medlin and others in debt.
The action was brought on an instrument of writing by which Medlin and two others promised to pay to the State $500. There were several counts in the declaration, in some of which the plaintiff declared on the instrument of writing sued on, as a sealed instrument, and in others as an unsealed writing. The two other co-defendants being otherwise disposed of, a verdict and judgment went *237against Hall Medlin in said count, and to reverse it he appealed to this court.
The bill of exceptions shows, that the instrument of writing sued on was…
2Cases cited1 opinion
- United States v. SpaldingU.S. Circuit Court for the District of Rhode Island · 1822
3Cited by17 opinions
- Wakefield v. ThorpSupreme Court of Missouri · 1955
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Kroger Company v. PuckettCourt of Civil Appeals of Alabama · 1977
- Maupin v. Franklin CountySupreme Court of Missouri · 1878
- State v. McGonigleSupreme Court of Missouri · 1890
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