Long v. . Mason
Cases that cite this one
2 later published cases cite this decision.
- Forbes v. . Smith (N.C. 1848)
- Nelson v. Williams (N.C. 1838)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
An alteration of a bond in a material part by a party to it, vacates the same, except as to parties consenting thereto. Davis v. Coleman, 7 Ired., 424; Draper v. Wood, 112 Mass., 315. An addition of the words “ interest at six per cent,” written in a corner of the.bond after it had been signed, is an alteration of it in a material particular. *17 ■'3 Addison -on Contracts,-§ 1-280. Tire in'tent 'with which the alteration is ma.de seems according to the weight of -authorities to be immaterial-; but however that may be, it has been decided by this -court in Dunn v. Clements, 7 Jones 58, that whenever -a -material alteration'has -been made,-a lpresumption -of fra'ud arises, and remains '-until -rebutted. There was no-evidence offered on the trial to remove this ¡presumption.
We therefore‘concur with His -Honor in the -opinion that %he defendant was entitled to .judgment.
-No error. -Affirmed-. '
Case-law data current through December 31, 2025. Source: CourtListener bulk data.