History
  • No items yet
midpage
Grimstead v. Briggs
4 Iowa 559
Iowa
1857
Check Treatment
Weight, C. J.

We see no good reason for disturbing this’judgment. From the facts found, we think the court below was fully justified in concluding, that the defendant Briggs, either assented to said alteration at the time it was made, or if not, that having advised the plaintiff, to purchase the same, after, as is fairly inferable, he knew of said alteration, he is estopped, as against said plaintiff, from insisting upon the same, as a defence in this action. If the altera*561tion was made with his knowledge and consent, the note would not, as assumed by appellant, become void, by reason of such addition or change. This assent would make it 'his instrument, as fully and entirely as if the words had been inserted at the time of its execution. As already stated, such assent could be reasonably inferred from the facts as found by the court below. Ohitty on Bills, 204. But when, in addition to this, we take into consideration the fact, that plaintiff was advised by defendant Briggs, to purchase the note, every pretence for a defence of this character is taken away.

Judgment affirmed. .

Case Details

Case Name: Grimstead v. Briggs
Court Name: Supreme Court of Iowa
Date Published: Jul 1, 1857
Citation: 4 Iowa 559
Court Abbreviation: Iowa
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.