Republic National Bank of Dallas v. Strealy

ASSOCIATE JUSTICE SMITH

concurring.

The filling in of blank spaces of negotiable instruments is governed by Section 14 of Article 5932, Vernon’s Annotated Civil Statutes of Texas. The insertion of a place of payment in a blank space provided for that purpose is not a material alteration as defined in Section 125 of Article 5939, Vernon’s Annotated Civil Statutes. Strealy pleaded that it was such a material alteration as to render the note void, and that the fraudulent action of the bank in filling in the place of payment discharged the underlying debt. We have held against such contention. In…