New York Supreme Court, 1861

Van Brunt v. Eoff

Van Brunt v. Eoff
New York Supreme Court · Decided September 16, 1861 · Ingraham
35 Barb. 501; 1861 N.Y. App. Div. LEXIS 161

Counsel

R. H. Huntley, for the appellants., G. Dean, for the respondent.

Van Brunt v. Eoff

Opinion of the Court

By the Court, Ingraham, J.

The alteration of the date of the note, made by the agent of the maker under the supposition that he had authority to make such an alteraron,. *502did not render the note void. If there was no authority to make such an alteration, the note would still be a subsisting obligation, as it was before it was altered.

[New York General Term, September 16, 1861.

The judge erred in holding the note to be void, where there was no evidence of a fraudulent intent.

Hew trial ordered; costs to abide the event.

Clerke, Ingraham and Leonard, Justices.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.