Andrews v. Calloway
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court in Chancery. O. E. Mitchell, Judge. The alteration of the note by inserting the words “ or hearer” was material and rendered the instrument void. •5 Ark., 378; 27 Id., 108; Dan. on Neg.
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APPEAL from Nevada Circuit Court in Chancery. O. E. Mitchell, Judge. The alteration of the note by inserting the words “ or hearer” was material and rendered the instrument void. •5 Ark., 378; 27 Id., 108; Dan. on Neg. Instr., vol, 2, sec.. 1375; 6 Wall, 80. The presumption is that the holder of the note made the alteration, and the burden is on him to explain it and rebut the presumption by showing it was a spoliation. 10 Mo„ 349; 13 Pick, 165 ; 46 Iowa, 221. 1. The alteration of a note by a stranger, without the privity of the holder, does not avoid it. 2 Parsons on Cont., 6th Ed., pp. 716,…
1Opinion of the CourtCockrill, C. J.
The appellee instituted his action at law against the appellants to recover of them as makers of a promissory note. The defence was non est factum. A verdict for the plaintiff was set aside by the court, and the cause was transferred to the chancery docket to give the defendants the benefit of an equitable defence which they set up in an amended answer.
The court found the issues for the plaintiff and caused' judgment to be entered for him against all the defendants.
Upon the issue of non est factum, the proof showed that the note as originally drawn was non-negotiable in form, but that after…
2Cases cited3 opinions
- Brooks v. AllenIndiana Supreme Court · 1878
- United States v. SpaldingU.S. Circuit Court for the District of Rhode Island · 1822
- Langenberger v. KrœgerCalifornia Supreme Court · 1874
3Cited by7 opinions
- Commonwealth Nat. Bank of Dallas, Tex. v. BaughmanSupreme Court of Oklahoma · 1910
- Robertson v. Southwestern Co.Supreme Court of Arkansas · 1918
- Rus v. Farmers' Nat. Bank of SealyCourt of Appeals of Texas · 1921
- Rushing v. Citizens' Nat. Bank of PlainviewCourt of Appeals of Texas · 1913
- Edwards v. ThompsonWashington Supreme Court · 1917
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