Cornog v. Wilson
Cornog v. Wilson
Opinion of the Court
Opinion by
This was an action on a promissory note dated March 6, 1894, made by the defendant’s testator to the plaintiff. At the trial the plaintiff offered in evidence the note which was on a printed form containing the printed figures 188 at the place for the date. The figure 9 had been written over the second 8 and the figure 4 added, making the date 1894. From an inspection of the note it appears that the only part in the handwriting of the maker is the signature. The lines of the figure 9 are much heavier than any other figures on the note and obscure the parts of the figure 8 which they cover, but there is no marked difference in the color of the ink used in making them and that used in filling the blanks in the form and no erasure or scratching is shown. If the year was 1884, the statute of limitations was a bar to a recovery. At the trial the admission of the note in evidence was objected to without proof of the signature of the maker and that the alteration in date was made before its execution. The objection was sustained upon the second ground and a nonsuit was entered because of the failure of the plaintiff to prove her case.
There was no denial by the affidavit of defense of the execution of the note, and the plaintiff was relieved by the rules of court from proof of the signature of the maker, but the admission for the purpose of evidence went no further than this. The note was properly rejected as evidence of a debt in the absence of proof that the alteration in date was made before delivery. When it clearly appears on the face of a writing that it has been altered in a material part, it is incumbent on the party producing
The judgment is affirmed.
Reference
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- Syllabus
- Evidence — Writings—A Iterations — Negotiable instruments — Promissory notes. 1. When it clearly appears on the face of a writing that it has been altered in a material part, it is incumbent on the party producing it to account for the alteration, and until this is done it is not admissible in evidence. This rule is more stringent when applied to negotiable paper than to other written instruments and in relation to it there is no presumption of innocence and the burden of explaining any apparent material alteration is cast on the holder thereof. 2. In an action upon a promissory note which was on a printed form containing the printed figures 188 at the place for the date, and it appears that the figure nine had been written over the second eight, and the figure four added, making the date 1894, and that the statute of limitations was a bar if the year had been 1884, the note is not admissible -in evidence without proof that the alteration and date had been made before the execution of the note.