Vogle v. Ripper
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; Hon. A. L. Merriman, Judge, presiding. This was a bill in chancery to foreclose a mortgage filed by Ripper against Vogle et al., in the Tazewell Circuit Court, and taken by change of venue to the Circuit Court of Peoria county, where a decree was rendered in favor of complainant.
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Writ of Error to the Circuit Court of Peoria county; Hon. A. L. Merriman, Judge, presiding. This was a bill in chancery to foreclose a mortgage filed by Ripper against Vogle et al., in the Tazewell Circuit Court, and taken by change of venue to the Circuit Court of Peoria county, where a decree was rendered in favor of complainant. The notes secured by the mortgage had been altered after they had been made, so as to draw ten instead of six per cent, interest, and the defendant relied upon this alteration as a discharge of the mortgage.
1Opinion of the CourtJustice Beckwith
The effect of an alteration in a written instrument depends upon its nature, the person by whom, and the intention with which it was made. If neither the rights or interests, duties or obligations of either of the parties are in any manner changed, an alteration may be considered as immaterial. It has been considered that even an immaterial alteration, if fraudulently made, would annul the instrument (2 Pars. on Notes and Bills 572), but this opinion has not been uniformly adopted; and it has been held that the motive cannot be inquired into unless the act itself materially affects the rights…
2Cases cited2 opinions
- Waring v. SmythNew York Court of Chancery · 1847
- Moye v. HerndonMississippi Supreme Court · 1855
3Cited by25 opinions
- Otto v. Halff & Bro.Texas Supreme Court · 1896
- People v. HowarthIllinois Supreme Court · 1953
- Hayes v. WagnerIllinois Supreme Court · 1906
- Savage v. SavageOregon Supreme Court · 1899
- First National Bank of Sparta v. YowellTennessee Supreme Court · 1927
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