Bowman v. Berkey

Citations

• 259 Pa. 327
• 103 A. 49
• 1918 Pa. LEXIS 412

Syllabus

<p>Judgments — Judgment notes — Alleged alteration — Addition of seal — Evidence—Burden of proof — Presumption— Opening judgments — Discretion of court — Buie to strike off judgment — Laches— Bes adjudicóla.</p> <p>1. Although the addition of a seal after the signature of the maker of a note is such a material alteration as will avoid the instrument, an alteration by a third person, without the knowledge or consent of the party to the writing, cannot in any way affect the holder’s right or impair the validity of the instrument in its original form.</p> <p>2. In proceedings to open a judgment, entered upon a judgment note, evidence showing alterations subsequent to the execution of the instrument, upon which the judgment is based, is ample to meet the burden imposed upon the defendant by law to make a good defense by evidence sufficient to justify submission to the jury and to sustain a verdict for defendant if believed by the jury.</p> <p>3. The uncontradieted testimony of plaintiff and her witnesses to the effect that the addition of the seal was not made by her or by any one for her, at her request, does not shift to defendant the burden of showing who was responsible for its presence on the note.</p> <p>4. When an erasure, alteration or interlineation appears on the face of an instrument, there is primarily a presumption that the change was made before execution. If the alteration does not appear to be beneficial to the party offering the writing or if it is opposed to his interest, or if made with the same pen and ink and in the same handwriting as the body of the writing, this presumption remains unchanged. Where, however, the alteration is material, is beneficial to the party offering the writing, or if there be ■a change on the face of the instrument which appears suspicious, the presumption disappears and the burden is on the party offering the writing to explain the alteration to the satisfaction of the jury.</p> <p>5. In proceedings to ox>en a judgment ent