Schlesinger v. Erickson

Dibell, J

Action upon a promissory note. There was a verdict for the plaintiff. The defendant appeals from the order denying his alternative motion for judgment or a new trial. The assignments of error go to the charge. There is no real claim that the defendant was entitled to judgment notwithstanding.

There was an alteration of the note by the insertion of the name of the plaintiff in place of the name of his brother which was erased. The alteration was apparent. The defendant claimed that it was made after delivery; the plaintiff that it was made before. The court charged the jury that the…