Nazro v. Fuller
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in March, 1889. The suit was by the plaintiffs as the endorsees of a promissory note against the makers. The note, as appears from the bill of exceptions, was in this form : « $1000. Ontario, 28th Jan’y, 1837. One year from the first day of May next, we severally and jointly [ *375 ] promise to pay Northum & Foot or bearer, *one thousand dollars, for value received, and interest.
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This was an action of assumpsit, tried at the Rensselaer circuit in March, 1889. The suit was by the plaintiffs as the endorsees of a promissory note against the makers. The note, as appears from the bill of exceptions, was in this form : « $1000. Ontario, 28th Jan’y, 1837. One year from the first day of May next, we severally and jointly [ *375 ] promise to pay Northum & Foot or bearer, *one thousand dollars, for value received, and interest. Payable at Wayne County Bank ;” Which was signed by the defendants and endorsed by the payees. The defendants offered to prove by one of the payees…
1Opinion of the Court
After advisement the following opinions were delivered :
By the Chief Justice.
If the recovery turns upon the question, whether the addition was made in the margin as a private memorandum, or was intended as an alteration of the body of the note, a new trial must be granted ; for upon the case before us the point is equivocal, and should have been put to the jury. The distinction was not taken by the learned judge, and the ruling seems to go the length of sustaining the action in either aspect.
*376I was at first inclined to think the addition, even if regarded as annexed to the body of the note,…
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