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SYPRIAN S. SMITH v. JOSEPH SMITH.

The figures in the margin of a Bill of Exchange are merely an index for convenience of reference, and form no part of the bill, and an alteration in them, without the consent of the drawer, making them conform with the body of the instrument, does not vitiate the bill. Where the marginal figures differ from the body of a bill, evidence is not admissible to show that the bill was negotiated for the value expressed by the marginal figures, and not for the value expressed in the body of the bill.

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 alterations 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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SYPRIAN S. SMITH v. JOSEPH SMITH
(Sep 1, 1850)