17 Mo. 406 | Mo. | 1853
delivered tbe opinion of tbe court.
Murrill sued Handy and Barnett before a justice of the peace, on a note in these words : “On or before the 25th day of December next, we, or either of us, promise to pay Lemuel Murrill, the sum of fifty-two 25-100, for value received. March 15,1850. CHARLES N. HANDY,
J. B. BARNETT.”
The case was taken by Handy to the Circuit Court by appeal after judgment rendered by the justice in favor of the plaintiff, and judgment being rendered against him by the Circuit Court, he brings the case here upon an appeal.
It is argued, that the Circuit Court erred in admitting evidence to show that the note was intended to be made for fifty-two 25-100 dollars, and that the word “ dollars” was omitted by mistake. -It is also argued, that the note is void for uncertainty.
As we hold that this note, upon its own face, is for fifty-two dollars and twenty-five cents, there was no use for the evidence offered to show that the parties intended it to be for that sum, and the defendant was not injured by its admission. The judgment, with the concurrence of the other judges, is affirmed.