44 Vt. 413 | Vt. | 1872
The opinion of the court was delivered by
It appears from the exceptions that the note on which the plaintiff seeks to recover, was given for a rifle purchased by one Wilson of the plaintiff; that the defendant signed the note to the plaintiff, as surety for said Wilson ; that Wilson procured the note to bo drawn, and had it made payable to Prank-
The defendant now claims that such alteration of the note, without his consent, invalidates the instrument as to him, and discharges his liability. Whether it is to have such effect depends upon the nature of the alteration. Was it a material or an immaterial alteration ? The alteration having been made by a party to the note, if it is material it invalidates it, otherwise not.
It appears from the case that the plaintiff is the person to whom the note was given for property purchased of him, and this was understood by all the parties. This defendant knew, when he signed the note, what it was given for, and to whom it was intended to be made payable. He intended to sign a note payable to the plaintiff, and supposed he had done so. It turned out that Wilson had mistaken the given name of the plaintiff, and he consented that the plaintiff should make the alteration so as to make the note just what Wilson and the defendant supposed it was when they executed it. The change made no alteration in the liability or obligation of the makers. It neither enlarged, diminished, or varied that obligation. There was no change in the party to whom the obligation was assumed. The only effect of the alteration was to correctly describe the party to whom the promise was in fact understandingly made.
This is not like the case of Broughton v. Fuller et al., 9 Vt., 373, relied upon by the defendant. In that case the note was originally given to Ebenezer Broughton, (the father.) It was subsequently altered by adding the word Junior to the name of the payee, thus making it payable to another and a different person from the one to whom it was originally understandingly given. Such an alteration was of course held to be material, and to invalidate the note.
Applying these principles to the case before us, it is very clear that the judgment of the county court was right, and must be affirmed.