Rus v. Farmers' Nat. Bank of Sealy
Rus v. Farmers' Nat. Bank of Sealy
Opinion of the Court
This suit was brought by appellee to recover upon a note for $3,000, executed by the appellant in favor of appel-lee on the 19th day of December, 1918, and payable on December 18, 1919,. and to foreclose a mortgage lien upon personal property described in a mortgage of even date with said note executed by appellant for the purpose of securing the payment of the note. After declaring upon the note and mortgage the petition alleges:
“Plaintiff further shows to the court that the said note herein declared upon was originally drawn to mature on the 18th day of December, A. D. 1919, and was so written on typewriter, yet by the act of some person or persons, whose identity is to plaintiff unknown, not authorized by plaintiff or any person or persons authorized to represent or speak for plaintiff, and without the knowledge or consent of plaintiff, has written the word ‘June’ in script over the typewritten word ‘December,’ thereby endeavoring to change the date of maturity of said note from ‘December’ 18, 1919, to ‘June’ 18, 1919; that such was not the act of plaintiff, and was not done or authorized by plaintiff, nor was any person or persons authorized by .plaintiff to endeavor to make such change in the date of maturity of the said note, nor was any person or persons, authorized to act or speak for plaintiff, authorized to make such change in the date of maturity of the said note, or to make any change whatever in the said note, nor was such act done either with the knowledge or consent of this plaintiff, and that immediately upon receipt of the knowledge thereof by plaintiff it repudiated and disapproved thereof, and disowned such act and all responsibility therefor; that this plaintiff has made no effort since learning of the fraudulent act herein complained of to effect a collection of the said purported ‘June’ note, and does not now ask or seek the collection of any other than its original ‘December 19, 1918’ note, maturing ‘December 18, A. D. 1919,’ as herein-before designated and described and fully- set out in this, plaintiff’s first amended original petition.”
The appellant answered by general denial, and plea of non est factum, and further pleaded that there had been a material change made in the note after its execution and delivery to the appellee, without the consent or knowledge of the appellant.
The trial in the court below without a jury resulted in a judgment in favor of ap-pellee for the amount of the note, with interest and attorney’s fees, and for foreclosure of the mortgage lien upon the property described in the mortgage.
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“Erasure, interlineations and changes, however material, made in and upon an instrument by a stranger to it, are in legal contemplation wholly immaterial and ineffective to give the instrument any other or different meaning or operation than that which attached to it before such interlineation.”
This rule is obviously sound and just, and i’s well supported by authority. Andrews v. Calloway, 50 Ark. 358, 7 S. W. 449; Deering Harvester Co. v. White, 110 Tenn. 132, 72 S. W. 962; Gurley Bros. v. Bunch, 130 Mo. App. 665, 108 S. W. 1109.
This disposes of the material questions presented by appellant’s brief, and the remaining assignments need not be discussed. None of them, in our. opinion, presents any error which would authorize a reversal of the judgment, and it is therefore affirmed.
Affirmed.
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Reference
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