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1 Wright 583

Spencer v. Buchanan

Ohio Supreme Court

Decided May 15, 1834

Ohio Supreme Court · decided 1834-05-15

The plaintiff declares upon a special bail bond for 350-, :(“ thereby meaning $350”), &c. Defendant craves oyer of the bond, &o., which being set out •shows that the defendant “ appeared before D. Gano, in open court, being clerk of the Court of Common Pleas, and acknowledged to •owe unto Wade H. Spencer, the sum of three hundred and fifty , to be levied, &c. It. Buchanan, with a release of errors.” He then demurred generally, which is joined.

Relies on Clark v. Cushman

Decided 1834-05-15

*LANE, J.

¶1An 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.

¶2The demurrer is sustained.

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

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