Legal Opinion

Mt. Morris Bank v. Lawson

New York Court of Common Pleas

Decided December 3, 1894Published

Appeal from city court, general term. Action by the Mt. Morris Bank against Robert 0. Lawson. From a judgment of the city court (27 N. Y. Supp. 272) modifying a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtPryor, J.

In an action on a negotiable promissory note against the maker, the plaintiff was a bona fide holder for the value; but the evidence sufficed to show that after execution, and before transfer to the plaintiff, the note had been fraudulently altered by an intermediate indorsee, in the unauthorized interpolation of the words “with' interest.” The court directed a verdict for the plaintiff. On appeal the general term of the court below deducted interest from the recovery, and affirmed the judgment as thus modified; and this without proof of an assignment of the original consideration of the note…

2Cases cited10 opinions

  1. Booth v. . PowersNew York Court of Appeals · 1874
  2. Benedict v. . CowdenNew York Court of Appeals · 1872
  3. Clute v. SmallNew York Supreme Court · 1837
  4. McGrath v. . ClarkNew York Court of Appeals · 1874
  5. Nazro v. FullerNew York Supreme Court · 1840

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