Fuller v. Green
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Tatuok as a part of tbe opinion: “ This action was commenced to recover the amount of a promissory note given by the respondent to one George H. Rice. The note had been transferred by Rice to one A. J. Woodward, in whose name the action was originally commenced.
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APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Tatuok as a part of tbe opinion: “ This action was commenced to recover the amount of a promissory note given by the respondent to one George H. Rice. The note had been transferred by Rice to one A. J. Woodward, in whose name the action was originally commenced. Woodward died after the action was commenced, and the present appellants, his executors, were substituted as plaintiffs. “ There was no dispute as to the fact that the defendant executed the note and delivered it to…
1Opinion of the CourtTaylok, J.
After a careful consideration of the authorities and the reasons for holding, that alternations of written contracts, after they are executed, destroy such contracts as to parties not assenting to such alterations, we are of the *165opinion that tbe instruction excepted to was erroneous and should not have been given.
The old rule of law in England that any alteration, whether material or immaterial, and whether made by a party interested in the contract or by a stranger, rendered the contract void, was long since abandoned; and the reasonable rule has now become firmly established that an…
2Cases cited13 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Williams v. StarrWisconsin Supreme Court · 1856
- Krouskop v. ShontzWisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- White Sewing Machine Co. v. SaxonSupreme Court of Alabama · 1898
- International Harvester Co. v. DavisCourt of Appeals of Georgia · 1913
- State ex rel. Nebraska State Bar Ass'n v. BachelorNebraska Supreme Court · 1941
- First National Bank v. NordstromSupreme Court of Kansas · 1904
4 more not listed; retrieve them via the Exa API.