White v. Hass
Supreme Court of Alabama
[ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] Appeal from tbe Circuit Court of Barbour. Tried before the Hon. S. 3>. Hale. This action was brought by Louis B. Hass, against Robert T. White, and was founded o-n the defendant’s promissory note for $187 88, dated at Clayton, Ala., ou the 1st May, 1854, and payable six months after date, to the plaintiff’s order.
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[ACTION ON PROMISSORY NOTE, BY PAYEE AGAINST MAKER.] Appeal from tbe Circuit Court of Barbour. Tried before the Hon. S. 3>. Hale. This action was brought by Louis B. Hass, against Robert T. White, and was founded o-n the defendant’s promissory note for $187 88, dated at Clayton, Ala., ou the 1st May, 1854, and payable six months after date, to the plaintiff’s order. In the first count of the complaint, the note was described as above; the second count contained the additional averment, that it was “payable at the office of plaintiff in New York; ” and a third count was added, for goods, wares…
1Opinion of the CourtRice, C. J.
The alteration of the note was material, ) and appears to have been made after its deliveiy to the ( payee. The presumption is, that the alteration was •' made by him ; and it is well settled, that such alteration , of a note by the payee, without the assent of the maker, ,. renders the note void. The alteration being shown, and the presumption arising that it was made by the payee, the burden was upon him to prove the assent of the maker to it. If he failed to make that proof, he was not entitled to recover, either upon the note, or under any count founded on the same consideration with the…
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