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· 6/15/1912

Calhoun v. McKay

Citations

  • 64 Fla. 226

Syllabus

<p>Where a plea avers that an instrument under which the plaintiff claims was materially altered without authority after it was executed, the burden is upon the defendant to prove the alleged alteration. If the instrument when presented shows oh its face a material alteration in that the word “net” was erased therefrom, a prima facie case is made for the defendant, and the burden is then cast upon the plaintiff to show that the alteration was made before it was delivered, or if made after delivery, that it was authorized.</p>

Judges: Account, Cockrell, Hocker, Illness, Shackleford, Taylor, Whitfield

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