Clifton Mercantile Co. v. Gillaspie

GALLAGHER, O. J.

This suit was instituted by appellee, Tom Gillaspie, against appellant, Clifton Mercantile Company, a corporation, to cancel a certain note and mortgage theretofore executed and delivered by him-and one Charles D. Cabler. Appellee alleged as ground for cancellation that both said note and mortgage had been materially altered without his consent. Appellant denied appellee’s allegations and by cross-action sought recovery upon said note and foreclosure of said mortgage. The case was tried before a jury. Appellant at the close of the evidence requested a peremptory charge…