Bonn v. Maertz

This is an action on a promissory noté. The note was given in 1917 to Mary Bonn, now deceased, and is now owned by plaintiff. The only question in the case is as to the amount named in the note. The note is here reproduced:

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The writing is had, likewise the spelling. Defendant contends that the amount written is “nine hundred and sixty dollars,” with the word “hundred” misspelled and that the figures are erroneous. Plaintiff contends that the writing is ambiguous and that for that reason the figures control. The trial court, trying the case without a jury, found that the written portion of the…