Malinda v. St. Philip

YARRUT, Judge.

Defendant appeals from a judgment for plaintiff on a promissory note for $400.00. Defendant admitted signing the note, but denies liability on the ground that plaintiff, after the execution thereof, changed the rate of interest from one to six percent, a material alteration as defined by LSA-R.S. 7:125 of Louisiana’s Negotiable Instruments Law.

The judgment allowed interest at the rate of one percent to date of suit, and the legal rate of five percent thereafter, but no attorney’s fee. Plaintiff did not answer the appeal.

Plaintiff admits he changed the rate from one to six…