New York Court of Appeals

Charles B. Benedict, Appellants v. Giles Cowden, Respondent

May 21, 187249 N.Y. 396

Summary

The New York Court of Appeals affirmed the lower court, holding that a memorandum attached to a promissory note at the time of its execution is a substantive part of the contract. Its removal without the maker's consent constitutes a material alteration that destroys the note even in the hands of an innocent indorsee.