Broadway National Bank of Chelsea v. Heffernan

The only question involved in this case is whether an alteration in the note declared on is a defence to the action.

The alteration, which was made by direction of the cashier of the plaintiff bank, consisted in adding to the note the words “with interest at 6%.” This was a material alteration, and is conceded to be such by the plaintiff. R. L. c. 73, § 142.

The case was tried by a judge of the Superior Court without a jury; he made a finding for the plaintiff for the amount due upon the note, in accordance with its original tenor, and reported the case to this court.

There was evidence to show…