Van Brunt v. Eoff

New York Supreme Court

Van Brunt v. Eoff

35 Barb. 501, 1861 N.Y. App. Div. LEXIS 161

CourtNew York Supreme Court

DecidedSeptember 16, 1861

StatusPublished

Cited by3 cases

This text of 35 Barb. 501 (Van Brunt v. Eoff) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Brunt v. Eoff, 35 Barb. 501, 1861 N.Y. App. Div. LEXIS 161 (N.Y. Super. Ct. 1861).

Pincite

Opinion

By the Court, Ingraham, J.

The alteration of the date of the note, made by the agent of the maker under the supposition that he had authority to make such an alteraron,. [502]*502did not render the note void. If there was no authority to make such an alteration, the note would still be a subsisting obligation, as it was before it was altered.

[New York General Term, September 16, 1861.

The judge erred in holding the note to be void, where there was no evidence of a fraudulent intent.

Hew trial ordered; costs to abide the event.

Clerke, Ingraham and Leonard, Justices.]

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