Henley v. Carrington

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover on a promissory note. The trial court sustained defendant’s demurrer to the plaintiff’s evidence, and the plaintiff appeals. The principal question here is whether the burden was upon the plaintiff to show that material *631alterations appearing upon the face of the note were made before delivery or was upon the defendant to show that they were made after delivery and without the consent of the maker.

J. A. Henley, as payee named in the note, filed his claim on the note in the probate court of Greenwood county on…