American Trust & Savings Bank v. Perkins

Citations

• 108 Miss. 834
• 67 So. 481

Syllabus

<p>1. Alteration of Instruments. Notes. Question for jury. Bills and notes. Right of action. Indorsee.</p> <p>In a suit on a promissory note showing an-apparent material alteration on its face, the court should have permitted the note, together with evidence regarding its alteration, to go to the jury, so that, as judges of the facts, they could determine from the apppearance of the instrument itself, considered with, and in the light of, the testimony, whether the alterations were such as to invalidate it.</p> <p>2. Same.</p> <p>In such case the court should have submitted to the jury the question whether appellant had assented to the alteration or ratified the changes made in the instrument.</p> <p>3. Bills and Notes. Right of actton. Indorsee.</p> <p>The indorsee of a promissory note by regular indorsement can maintain an action thereon in his own name, where there is nothing to show that he was not a bona fide holder for value.</p>