Nalle v. Walenta

BAUGH, Justice.

Nalle, plaintiff.below, sued Walenta upon a promissory note executed by Walenta and payable to Nalle. Walenta answered by plea of non est factum and that the note had been materially altered without his knowledge or authority after he had signed it. The case was tried to a jury on special issues in October, 1933, answering which they found that the amount of the note had not been written in when Walenta signed it; and that it was afterwards filled in for $22.87 more than Walenta owed Nalle. Thereupon the court entered upon the docket, “judgment to be entered later; case…