Born v. Lafayette Auto Co.

Dissenting Opinion.

Travis, C. J.

(dissenting).—This is a suit on a promissory note which bore interest at six per cent, per annum from date, due thirty days after date, and was in renewal of a note that had been altered by the payee. The questions involved relate to §§124 and 125 of the Uniform Negotiable Instruments Act, Acts 1913 p. 120, §§11483, 11484 Burns 1926, §§9089t4, 9089u4 Burns 1914; and also the question of consideration. The pleadings were: (a) An ordinary complaint on a note past due for principal, interest, and attorneys’ fees; (b) an answer of general denial, and two special…