Teske v. Baumgart

Action on a promissory note. . Judgment for defendant. Plaintiff appeals.

The first three assignments of error may he considered together. Under these assignments it is contended that the court erred in giving instructions 3 and 5 on its own motion, thereby imposing upon plaintiff the burden of proof as to a claimed alteration of the note in suit.

The original note for $1,620 was introduced in evidence and is before ns. It bears no evidence whatever upon its face of any alteration either before or after its execution. The petition is in the usual form. The answer is a general denial, followed…