Simpson v. Davis
Massachusetts Supreme Judicial Court
CONTBAOT upon a promissory note, of which the following is a copy: “ $400. Fall River, Dec. 29th, 1873. For value received, I promise to pay Abel R. Davis or order four hundred dollars, with interest, six months after date. John Davis.” Indorsed, “ Abel R. Davis.” The answer contained a general denial and alleged that “ there has been a material alteration in said note since it was given, if it shall appear it was given by the defendant.”
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CONTBAOT upon a promissory note, of which the following is a copy: “ $400. Fall River, Dec. 29th, 1873. For value received, I promise to pay Abel R. Davis or order four hundred dollars, with interest, six months after date. John Davis.” Indorsed, “ Abel R. Davis.” The answer contained a general denial and alleged that “ there has been a material alteration in said note since it was given, if it shall appear it was given by the defendant.” At the trial in the Superior Court, before Pitman, J., without a jury, the signature of the defendant was admitted, and there was evidence tending tc prove…
1Opinion of the CourtEndicott, J.
The plaintiffs allege in the declaration that the defendant made the note declared on. This the defendant denies, and says that there has been an alteration of the note since it was given. If an alteration was made after its execution and without the defendant’s consent, the note declared on is not the note )f the defendant. The plaintiffs must establish that it is this defendant’s note, and on this proposition the plaintiffs have the burden of proof throughout. ■ The plaintiffs rely upon the words of Shaw, C. J., in Davis v. Jenney, 1 Met. 221, 224: “that an extension of the time was a…
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