The American State Reports Containing The Cases Of General Value And Authority Subsequent To Those Contained In The American Decisions 1760 1869 PDF Download

Excerpt from The American State Reports, Vol. 4: Containing the Cases of General Value and Authority, Subsequent to Those Contained in the "American Decisions" And the "American Reports," Decided in the Courts of Last Resort of the Several States It is contended by appellees that appellant is liable to them upon the check for the full amount of the same as altered. This contention is sustained by many authorities, which lay it down as a general principle of the law merchant, that when the drawer of a bill or the maker of a note has himself, by careless execution of the instrument, left room for any altera tion to be made, either bv insertion or erasure, Without de facing it or exciting the suspicion of a careful man, and the Opportunity whichohe has afforded has been embraced, and the instrument filled up with a larger amount or different terms than those which it bore at the time he signed it, he will be liable upon it as altered to any bona fide holder without notice. But upon this proposition there is an irreconcilable conflict of authority; and the authorities which sustain the doctrine are not agreed as to its basis. In casting about for some principle on which it could be based, several have been suggested which we will notice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.