Draper v. Wood
Massachusetts Supreme Judicial Court
Contract against George A. Wood and Henry S. Higgins, as makers of the following promissory note : “ $1000. North Hadley, March 31st, 1868. “ For value received we promise to pay L. L. Draper or order one thousand dollars on demand, with interest at twelve per cent, “ Geo. A. Wood, “ H. S. Higgins.” Wood was defaulted.
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Contract against George A. Wood and Henry S. Higgins, as makers of the following promissory note : “ $1000. North Hadley, March 31st, 1868. “ For value received we promise to pay L. L. Draper or order one thousand dollars on demand, with interest at twelve per cent, “ Geo. A. Wood, “ H. S. Higgins.” Wood was defaulted. Higgins filed the following answer: “ The said Higgins comes and answers as follows : He denies that he made the promissory note mentioned in the plaintiff’s declaration. “ If the plaintiff shall prove the defendant’s signature to a promissory note like that set forth in the…
1Opinion of the CourtMorton, J.
In Fay v. Smith, 1 Allen, 477, one of the joint promisors of a note, after it was executed by both and before it was negotiated, altered it by adding the words “ with interest,” and it was held that this alteration avoided the note in the hands of a bond fide holder to whom the payee had indorsed it.
In the case at bar, an equally material alteration was made by one of the joint promisors before the note was passed to the payee. We think the two cases depend upon the same principles. The differences in them pointed out by the plaintiff are in immaterial particulars. It is stated in the opinion…
2Cited by24 opinions
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