99 Pa. 211 | Pa. | 1882
delivered the opinion of the court, January 2d 1882.
There is a wilderness of cases in the books on the subject of the alterations of notes and other instruments of writing, through which it would require much time and labor, and great ingenuity, for any one to thread his way. Of course they are not all consistent and easily reconciled. Fortunately, it is not required of us to attempt this task in the present case. Perhaps a key to this variety and want of harmony may be found in the remark of Mr. Chief Justice Thompson, in Kountz v. Kennedy, 13 P. F. Smith 190: “ There is no subject in the books which has
occupied a much larger share of attention than questions of the alteration of writings, but, after all that has been said, each case must stand much more on its own facts than upon the rules announced in any given case.” My own opinion is, that the courts have gone far enough in permitting writings to be- tampered with.
It appears to be settled, however, that an alteration entirely immaterial, which places no responsibility on the parties, to
These considerations are sufficient to dispose of this case without adverting to the fact, that by the alteration one day’s additional interest was actually imposed on the defendant. It is no answer to say that this day’s interest was not demanded or received, or to plead the maxim de minimis non curat lex. In Stephen v. Graham, supra, and in Kennedy v. Lancaster County Bank, 6 Harris 347, the payment of the note was retarded by the alteration of the date only a single day.
We think, therefore, the learned court below erred in holding the alteration in this case immaterial and in so instructing the 3l«T-
Judgment reversed.