Hughes v. Talley

STOULIG, Judge.

Defendant, Dennis Talley, has appealed a judgment awarding plaintiff, John R. Hughes, $5,000.00 plus 25% attorney fees and legal interest from judicial demand in a suit on a promissory note that was materially altered by the wife of the payee. The issue here is whether the alteration rendered the note null and void.

The instrument was given by Talley as partial consideration for the purchase of a Diamond T tractor and homemade trailer, which plaintiff sold for $7,000.00. Initially, defendant paid $2,000.00 and took delivery of the trailer, which he removed from plaintiff’s…