Moddie v. Breiland
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action on promissory note. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. An alteration of an instrument is presumed to have been made before its execution and delivery. Proof of the maker’s signature is prima facie evidence that the instrument written over it is his act.
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Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action on promissory note. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. An alteration of an instrument is presumed to have been made before its execution and delivery. Proof of the maker’s signature is prima facie evidence that the instrument written over it is his act. Wilson v. Hayes (Minn.) 43 N. W. 467. The burden of proving alteration is on the party alleging it, and there is no presumption that it was made after delivery. Hagen v. Ins. Co. (Ia.) 46 1ST. W. 1114. It was error for…
1Opinion of the CourtHaney, J.
This is an action on a promissory note, alleged to have been executed by Ole T. Breiland, since deceased. *508Its execution is denied. At the trial, which was by the court, plaintiff, having shown the genuineness of the signature, offered the note in evidence, to which the following objections were interposed: No proper foundation laid; no proof of delivery by the deceased to plaintiff; and proof upon its face that the note has been altered, such alteration not having been explained. Thereupon plaintiff whose name is the same as the payee of the note, was called as a witness on his own behalf,…
2Cases cited2 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
3Cited by7 opinions
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Northwestern Mortgage Trust Co. v. LevtzowSouth Dakota Supreme Court · 1909
- Sherman v. Port Huron Engine & Thresher Co.South Dakota Supreme Court · 1900
- Langan v. Van DusenSouth Dakota Supreme Court · 1961
- Hornblower v. City of PierreDistrict Court, D. South Dakota · 1916
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