Born v. Lafayette Auto Co.

The principal question presented for decision is whether or not the .maker of a note, executed in renewal of a prior note which he had given as evidencing his debt for the price of personal property sold to him, can defeat an action on the renewal note by pleading and testifying that it was given without consideration, because the original for which it was exchanged was altered without his consent after its execution and before its renewal, where it appears that the alteration merely made the note express the real contract of the parties, and was made without any intention to defraud, and the…