National Bank v. Nickell
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The signing of a note in blank by respondent and then entrusting it to Irvine Chapman, gave him authority to fill the blanks in such a way as not to vary or alter its material terms, or pervert its scope with stipulations repugnant to what was plainly and clearly expressed in the instrument. Dan. Neg. Inst. [ 3 Ed.J secs. 142, 143, 144; Ab’s.
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Appeal from the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The signing of a note in blank by respondent and then entrusting it to Irvine Chapman, gave him authority to fill the blanks in such a way as not to vary or alter its material terms, or pervert its scope with stipulations repugnant to what was plainly and clearly expressed in the instrument. Dan. Neg. Inst. [ 3 Ed.J secs. 142, 143, 144; Ab’s. Trial Ev. 408; Abbott v. Rose, '62 Me. 194; Berwick v. Huntress, 53 Me. 89; Story Prom. N., sec. 37; Fearing v. Clark, 16 Gray, 74; Frank ®. Linielfield, 33 Grat. 384; Snyder v.…
1Opinion of the CourtBiggs, J.
This was an action begun in the circuit court of Monroe county, and was taken by change of venue to the Hannibal court of common pleas. The suit is based *298on a negotiable, promissory note, of which the following is a copy:
“$250.00. Paris, Mo., Dec. 7, 1886.
“Ninety days after date, we promise to pay to the order of the National Bank of Paris, two hundred and fifty dollars, for value received, at the National Bank of Paris, at Paris, Missouri, and with interest at the rate of ten per cent, per annum.
( Signed. ) “ Irvine Chapman,
“ S. H. Nickell,
“ R. D. Chapman.”
Defendant, under oath, made the…
2Cases cited4 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- Visher v. WebsterCalifornia Supreme Court · 1857
- Washington Savings Bank v. EckySupreme Court of Missouri · 1873
3Cited by8 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Keyser v. HinkleMissouri Court of Appeals · 1907
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- J. W. Jenkins Sons Music Co. v. JohnsonMissouri Court of Appeals · 1914
- Mackey v. BasilMissouri Court of Appeals · 1892
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