Abbe v. Rood

OPINION OF THE COURT. This action is brought on two promissory notes. The signatures on both notes were erased, and they were offered in evidence without proof of their execution, as by the pleading they were not denied. But the court held that the notes could not be read without accounting for the erasures. A witness was called, who stated that the notes were sent to him as also the account, as counsel, for collection. Being unwell, he sent the notes to Mather & Taft, counsel ait Niles. At that time, the signatures to the notes were not erased. On this evidence, the notes and the account…