Supreme Court of Rhode Island, 1850

Syprian S. Smith v. Joseph Smith

Supreme Court of Rhode Island · Decided September 6, 1850 · <italic>Per Curiam.</italic>

1 R.I. 398

Counsel

Potter, in support of the objection, contended. This was a material alteration, and by all the authorities a material alteration vacates the instrument; and there are later decisions to the effect that, whether the alterations be material or immaterial, the instrument is avoided; and this upon grounds of public policy, to prevent any tampering with commercial paper. Chitty on Contracts, 784; Shep. Touch. 69; 11 Coke, 27; Bowers v. Jewell, 2 New Hampshire, 543; Hills v. Barnes, 11 New Hampshire, 395; Malin v. Malin, 15 Johns. 293. Currey, contra.

Opinion of the Court

Per Curiam.

We do not think the marginal notation constitutes any part of the Bill. It is simply a memorandum or abridgment of the contents of the bill for the convenience of reference. The contract is perfect without it. If this is so, any alteration in the figures cannot avoid the contract, because it is no alteration, either material or immaterial, in the contract.

The bill having been allowed to pass to the jury, the defendant offered testimony to show that the bill was drawn, negotiated and accepted, for only $175 94, but the Court held the evidence clearly inadmissible, and overruled it.

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