McCormick Harvesting Machine Co. v. Lauber

The opinion of the court was delivered by

Dennison, P. J. :

This action.was brought in the district court of Edwards county by the plaintiff in error against the defendants in error, Frank Lauber and Mathias Lauber, to recover the amount claimed to be due upon a promissory note. One of the defenses set up by the defendants was that the date of the note had been changed from December 1, 1896, to December 20, 1896. The court gave the jury the following instruction :

“If you believe from a preponderance of all the evidence in this case that the note in suit was originally dated December 1, and that…