Ball v. Collins

The opinion of the court was delivered by

Marshall, J.:

The defendants appeal from an order granting a new trial.

The plaintiff sought to recover on a promissory note and to foreclose a chattel mortgage given to secure the payment of the note. The defendants answered that the note was altered by increasing the amount thereof without their consent or authority, after it had been signed by them; that it was given in part payment for the purchase of a certain business in Fort Scott; that the plaintiff agreed to perform certain services in connection with the sale of the business; that he failed,…