Commercial Security Co. v. Donald Drug Co.
Commercial Security Co. v. Donald Drug Co.
Opinion of the Court
The opinion of the Court was delivered by
“225.00 P. O., Honea Path, State, 'Ga. S. C. 4 Date Dec. 6th, 1916. Three months after date, for value received, we promise to pay to the order of Partin Manufacturing Company, Incorporated, two hundred and twenty-five dollars ($225.00), at Citizens Bank, Honea Path, S. C. The Donald Drug Co., per S. E. Donald.”
Instead of “Honea Path, S. C.,” the original had “Honea Path, Ga.” “Ga.” was erased, and “S. C.” substituted; the printed word “three” was erased, and the figure “4” interlined; thus changing the date of payment and the place of payment. Both are material changes under the negotiable instrument statute. Laws 1914, p. 687. The statute reads as follows:
“124. Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, *460 except as against a party who has himself made, authorized or assented to the alteration and subsequent indorsers.
“But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
“125. Any alteration which changes:
“(1) The date;
“(2) The sum payable, either for principal or interest;
“(3) The time or place of payment;
“(4) The number or the relation of the parties;
“(5) The medium or currency in which payment is to be made; or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect is a material alteration.”
1. The record shows that the plaintiff was a holder in due course. It fails to show that it was a party to the alteration, if there was an alteration, and, therefore, it was entitled to enforce payment of the notes according to the original tenor. There is nothing in the record to show that the plaintiff was not entitled to enforce the payment according to the original tenor. The note was dated December 16, 1916, and assigned to the plaintiff December 27, 1916.
A contrary holding would practically destroy many valid negotiable instruments. Banks and concerns doing a large business, dealing in negotiable instruments, must use printed forms. These forms must be printed to suit the majority of their customers. To hold that any change in the printed form to make it conform to the special contract between the parties throws upon the holder the burden of showing that the alteration was made before signing would be to practically destroy its value as a negotiable instrument. It may be said that this trouble can be obviated by a footnote, stating that the instrument was altered before signing. This overlooks the fact that the notation of alteration is a matter of as much suspicion as the alteration in the body of the instrument. It is just as easy to put in the notation of the alteration as it is to alter the instrument.
The judgment is reversed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Alteration op Instruments — Change op Time and Place op Patment Material. — A printed promissory note was materially altered, under Negotiable Instruments Law, secs. 124, 125, where the word “three,” referring to the number of months after date payment was to be made, was erased, and the figure “4” interlined, and the place, of payment was erased and changed. 2. Bilis and Notes — Proop op Signature to Note Authorizes Its .Introduction. — Proof of the signature is enough to allow introduction of a promissory note in evidence. 3. Alteration of Instruments — Burden on Defendant 'to Show Material Alteration Not Made Before Execution. — Where the signature to a materially altered promissory note is proved, the burden rests upon the defendant to show, under Negotiable Instruments Law, secs. 124, 125, that the alteration was not made before execution of the note. 4. Alteration of Instruments — Plea of Material Alteration a Plea of Confession and Avoidance. — Where the defense in an action on a note is that a material alteration has been made, the plea is in the nature of confession and avoidance.