James Talcott, Inc. v. Dettelbach

Clark, Judge.

This is an appeal by plaintiff factoring concern from a judgment entered upon a directed verdict for a defendant guarantor. As we affirm the judgment we deal with only one ground of those considered by the trial judge to have warranted his ruling adverse to the plaintiff. This was his determination that without guarantor’s consent there had been material alteration of the instrument which was the basis of the suit.

Plaintiff admitted that some months after the execution of the guaranty its credit manager discovered a blank existed in the signed form designated as "customer…