Edington v. McLeod
Supreme Court of Kansas
Appeal from Washington district court. STATEMENT. This action is to recover upon a promissory note made by the appellees, McLeod and wife, and for the foreclosure of a mortgage given to secure it. .The defense is that the note was fraudulently altered without consent of the makers by increasing the rate of interest as written therein whereby the obligation was avoided.
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Appeal from Washington district court. STATEMENT. This action is to recover upon a promissory note made by the appellees, McLeod and wife, and for the foreclosure of a mortgage given to secure it. .The defense is that the note was fraudulently altered without consent of the makers by increasing the rate of interest as written therein whereby the obligation was avoided. The reply admitted that the rate of interest specified in the note as six per cent had been changed to seven per cent, but averred that this was done with the consent of the makers to conform to the terms of a contract, in…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The general finding for the appellees determines the disputed facts as testified to by them. It therefore must be taken as a fact that the alteration of the note was made without their consent. ' As it changes the sum payable it is material and avoids the *429note. (Neg. Inst. Law, Gen. Stat. 1909, §§ 5377, 5378; Davis v. Eppler, 38 Kan. 629, 16 Pac. 793; Insurance Co. v. Martindale, 75 Kan. 142, 88 Pac. 559; Merritt v. Dewey, 218 Ill. 599, 75 N. E. 1066.) .
The appellant contends that recovery should have been allowed upon the mortgage, although…
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- Jeffrey v. RosenfeldMassachusetts Supreme Judicial Court · 1901
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