Erickson v. First National Bank
Nebraska Supreme Court
Appeal from the district court of Burt county. Heard below before Ferguson, J. See opinion for statement, of the case. The alteration of a note in any material part renders it wholly invalid as against a party not consenting thereto, even in the hands of an innocent purchaser.
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Appeal from the district court of Burt county. Heard below before Ferguson, J. See opinion for statement, of the case. The alteration of a note in any material part renders it wholly invalid as against a party not consenting thereto, even in the hands of an innocent purchaser. (Palmer v. Largent, 5 Neb., 223; Brown v. Straw, 6 Neb., 536; State Savings Bank v. Shaffer, 9 Neb., 1; Townsend v. Star Wagon Co., 10 Neb., 616; Davis v. Henry, 13 Neb., 497 ; Barnes v. Van Keuren, 31 Neb., 165; Randolph, Commercial Paper, sec. 1777.) The petition contains no allegation and there is no proof of an…
1Opinion of the CourtNorval, C. J.
This was an action brought by Erick Erickson in the district court of Burt county to restrain the defendants from the negotiation of a certain promissory note executed by the plaintiff and one Erick Munk, and for the cancellation of said note. From a decree in favor of the plaintiff, the defendants have prosecuted an appeal to this court.
The petition sets up two grounds for relief, namely, that the plaintiff was induced to sign the note as the surety for one Munk by the false and fraudulent representations of the latter, and that the note, after its execution, has been materially altered and…
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