Spencer v. Buchanan

Ohio Supreme Court

Spencer v. Buchanan

1 Wright 583, 1 Ohio Ch. 583

DecidedMay 15, 1834

StatusPublished

This text of 1 Wright 583 (Spencer v. Buchanan) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spencer v. Buchanan, 1 Wright 583, 1 Ohio Ch. 583 (Ohio 1834).

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Opinion

*LANE, J.

An alteration of a bond with the consent of the-parties to it, does not vitiate it: (9 Cranch 37). In this state, it has» been decided that a blank with a signature, seal, and authority to fill up, is void: (1 O. 372). But mere money bonds, executed with-blanks, filled up before negotiated, and received in good faith, are to be treated as commercial or business paper, and the delivery in-blank to a party, as an authority to fill up: (5 O. 222; 5 Mass. 508). This bond is still in blank, not filled up, and the real question is,, can you enlarge the substance of it, by mere innuendo? We think you cannot. What- would be the effect, if the blank -were filled up-by permission of the Common Pleas, or otherwise, we leave untouched,, as the question is not before us.

The demurrer is sustained.

[Seal on commercial paper does not vary its characteristics; Bain v. Wilson, 10 O. S. 14, 19.]

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*LANE, J.

An alteration of a bond with the consent of the-parties to it, does not vitiate it: (9 Cranch 37). In this state, it has» been decided that a blank with a signature, seal, and authority to fill up, is void: (1 O. 372). But mere money bonds, executed with-blanks, filled up before negotiated, and received in good faith, are to be treated as commercial or business paper, and the delivery in-blank to a party, as an authority to fill up: (5 O. 222; 5 Mass. 508). This bond is still in blank, not filled up, and the real question is,, can you enlarge the substance of it, by mere innuendo? We think you cannot. What- would be the effect, if the blank -were filled up-by permission of the Common Pleas, or otherwise, we leave untouched,, as the question is not before us.

The demurrer is sustained.

[Seal on commercial paper does not vary its characteristics; Bain v. Wilson, 10 O. S. 14, 19.]

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1 Wright 583, 1 Ohio Ch. 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-buchanan-ohio-1834.

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