Norcross v. Theurer

This appeal has been taken from a judgment rendered on a promissory note for $407 73. The error complained of is, that the judge below allowed the full amount of the note, when on the back of it a credit of $100 is endorsed, reducing plaintiffs’ claim to $307 73. As such an endorsement exists, and appears to have been made while the note was in the' possession of the petitioners, who were the payees, they must, we think, be bound by it, unless they show, which has not been done, that it was made through error. Civ. Code, art. 2246. 2 Pothier, Oblig., No. 726.

It is, therefore, ordered, that…