All State Credit Plan, Oak, Inc. v. Boucher

SARTAIN, Judge.

This is a suit via ordinaria on a note by the original holder (plaintiff) and against the purported makers (defendants). The principal defense is that the signature of one of the makers (Mrs. Robert J. Boucher) is a forgery and therefore relieves the co-maker (Mr. Robert J. Boucher) of any liability thereunder.

The applicable law governing this litigation is found in L.R.S. 7:124 and 7:125. These provisions read as follows:

§ 124. Alterations, effect of

Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as…