Warder, Bushnell & Glessner Co. v. Stewart

Citations

• 16 Del. 275

Syllabus

<p>Married Women. Bond.—Under section 9, of the married women’s act of April 9, 1873, as amended by act of February 27, 1879, a married woman may execute a bond with or without warrant of attorney, to secure a debt not her own.</p> <p>Same. Seal.—Where a bond was executed by the husband and wife and there was a seal opposite the name of the husband and none opposite that of his wife, in the absence of proof to the contrary, the presumption is, that the wife adopted the seal opposite the name of her husband.</p> <p>Negotiable Paper. Alteration.—If after a note has been endorsed and delivered, any material alterations are made without the consent of the maker, no action can be maintained on the note. Such alterations, however, must be such as to materially change the character of the instrument or the relation of the parties thereto.</p> <p>Same.—Mere change in the color of the ink, the addition of a number by the plaintiff, for convenience, or other immaterial alterations will not vitiate the note if it remain subsequently the same.</p> <p>Same.—Even material changes in' a negotiable instrument made before execution and delivery in the presence of the defendant will not affect the right of action.</p>