Merchants' National Bank v. Brastrup
North Dakota Supreme Court
Action on a promissory note. Defense of a material alteration. Appeal from the District Court of Stutsman County, Honorable J. A. Coffey, Judge. Judgment for defendant. Plaintiff appeals. “Where a party seeks to avoid an instrument on the ground of an alteration, he must make out his case by clear and convincing testimony.”
Read the full summary
Action on a promissory note. Defense of a material alteration. Appeal from the District Court of Stutsman County, Honorable J. A. Coffey, Judge. Judgment for defendant. Plaintiff appeals. “Where a party seeks to avoid an instrument on the ground of an alteration, he must make out his case by clear and convincing testimony.” Riley v. Riley, 9 N. D. 580, 84 N. W. 347; Rosenberg v. Jett, 72 Fed. 90; Brunton v. .Ditto, 51 Colo. 178, 117 Pae. 156; Tanner v. Newton, 254 111. 432, 98 N. E. 929; Smith v. Parker (Tenn.) Ch. 49 S. W. 285; Dickenson v. Ramsey, 115 Va. 521, 79 S. E. 1025; Hecht v.…
1Opinion of the Court
Bruce, Ch. J.
This is an action on a promissory note. The defense is a material alteration, and the answer alleges that “said sum was to bear no intex’est until after maturity, and that after the defendant had signed, executed, and delivered the said promissory note, the same was materially changed and altered by plaintiff, or its agexxt, to bear 10 per cexxt interest before maturity.”
Judgment was rendered for 'the defendaxxt and the plaintiff appeals. The errors which ax’e assigned relate entirely to the instructions.
The portion of the note over which the controversy rages reads as follows:
“Wi…
2Cases cited7 opinions
- Holmes v. TrumperMichigan Supreme Court · 1871
- Palmer v. PoorIndiana Supreme Court · 1889
- Hoopes v. CollingwoodSupreme Court of Colorado · 1887
- Porter v. HardyNorth Dakota Supreme Court · 1901
- Riley v. RileyNorth Dakota Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J.R. Watkins Company v. KeeneyNorth Dakota Supreme Court · 1924
- J. R. Watkins Medical Co. v. PayneNorth Dakota Supreme Court · 1920
- Norman F. Thiex, Inc. v. General Motors Acceptance Corp.Wisconsin Supreme Court · 1935
- Travitzky v. KnutsonNorth Dakota Supreme Court · 1957