Syprian S. Smith v. Joseph Smith

Supreme Court of Rhode Island

Syprian S. Smith v. Joseph Smith

1 R.I. 398

DecidedSeptember 6, 1850

StatusPublished

This text of 1 R.I. 398 (Syprian S. Smith v. Joseph Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Syprian S. Smith v. Joseph Smith, 1 R.I. 398 (R.I. 1850).

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Opinion

Per Curiam.

We do not think the marginal notation constitutes any part of the Bill. It is simply a memorandum or abridgment of the contents of the bill for the convenience of reference. The contract is perfect without it. If this is so, any alteration in the figures cannot avoid the contract, because it is no alteration, either material or immaterial, in the contract.

The bill having been allowed to pass to the jury, the defendant offered testimony to show that the bill was drawn, negotiated and accepted, for only $175 94, but the Court held the evidence clearly inadmissible, and overruled it.

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Per Curiam.

We do not think the marginal notation constitutes any part of the Bill. It is simply a memorandum or abridgment of the contents of the bill for the convenience of reference. The contract is perfect without it. If this is so, any alteration in the figures cannot avoid the contract, because it is no alteration, either material or immaterial, in the contract.

The bill having been allowed to pass to the jury, the defendant offered testimony to show that the bill was drawn, negotiated and accepted, for only $175 94, but the Court held the evidence clearly inadmissible, and overruled it.

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Bluebook (online)

1 R.I. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syprian-s-smith-v-joseph-smith-ri-1850.