Whitmer v. Frye
Supreme Court of Missouri
ERROR to Caldwell Circuit Court. 1st. The alteration of the instrument sued on, by the plaintiff below, without the consent of the defendant below, renders it null and void. Bla. Com. 2 vol. 308. 2d. The proof of such alteration, offered by the defendant and rejected by the Court, ought to have been received under the issue made by the plea of non est factum. Starkie Ev. 2 vol. 480* Chitty PI. 1 vol. 519. 3d.
Read the full summary
ERROR to Caldwell Circuit Court. 1st. The alteration of the instrument sued on, by the plaintiff below, without the consent of the defendant below, renders it null and void. Bla. Com. 2 vol. 308. 2d. The proof of such alteration, offered by the defendant and rejected by the Court, ought to have been received under the issue made by the plea of non est factum. Starkie Ev. 2 vol. 480* Chitty PI. 1 vol. 519. 3d. Such evidence is admissible, notwithstanding the plea is not verified by affidavit. Mo. R. 4 vol. 238; 8 vol. 13. 1st. The instrument offered in evidence was properly received, its…
1Opinion of the CourtScott, J.
This was an action of debt on a sealed instrument; the declaration contained a count on the instrument and the money counts; pleas, non est factum to the count on the instrument, and nil debet to the common money counts.
On the trial the plaintiff offered to read the instrument sued on, in-evidence; the defendant objected to the instrument going in evidence, because, as he alleged, it had been altered in a material part by the plain till without his consent — that the instrument, as originally executed, bore twelve per cent, interest, and that it had been altered so as to bear but ten per…
2Cited by11 opinions
- Commonwealth Nat. Bank of Dallas, Tex. v. BaughmanSupreme Court of Oklahoma · 1910
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Robinson v. ReedSupreme Court of Iowa · 1877
- Kkk Medicine Co. v. HarringtonSupreme Court of Oklahoma · 1921
- Shroeder v. WebsterSupreme Court of Iowa · 1893
6 more not listed; retrieve them via the Exa API.