Whittaker v. Dick
Whittaker v. Dick
Opinion of the Court
This is an appeal from a' decree of the Court of Chancery.
We do not deem it necessary to enter into a- detail of the argument on this question. It is so self-evident as to be incapable of illustration. The alteration was made with the consent of the complainant expressly given. How then can’ he complain of it, or ask the chancellor to displace the security of the deed in trust? The alteration was immaterial at any rate. It only designated a place where the money should be paid. This.might have been done by a. memorandum on the original note, as that did not state any place of payment. It has been held, that if after a note is endorsed, the maker write a place of payment in the margin of the note, or under his name, even without the consent of the indorser; or if after the acceptance without the consent of the acceptor, it will not invalidate the note. Bank of America v. Woodward, 18 J. R. 315. Marson v. Petit, 1 Camp. N. P. C. 82. Bayley on Bills, 94. The complainant has urged no ground of injury, or of oppression under his consent voluntarily given to make this alteration. And the only ground offered for the interposition of the court below, is the ambiguous allegation that the first note had been lifted and arranged.
The decree must be''affirmed.
Reference
- Full Case Name
- Whittaker v. N. and J. Dick
- Status
- Published