Waters v. Hardt

This was an action upon a promissory note given by defendant to plaintiff for $110. The petition is in the usual form. The defendant answered setting up as his principal defense a change or alteration of the note after its execution and delivery, and without his knowledge or consent, whereby the rate of interest which the note was to draw had been increased from 5 per cent, per annum to 8 per cent, per annum. The cause was tried to the district court without the intervention of a jury, the trial resulting in a finding and judgment in favor of defendant. Plaintiff appeals.

On examining the bill…