Fisher v. Dennis

Citations

• 6 Cal. 577

Syllabus

<p>Where a promissory note was made, bearing monthly interest, but leaving the rate of interest in blank, if the rate of interest is filled in by the holder, he cannot, without some evidence of agreement, recover more than legal interest, though if he had passed the note, thus filled up, to an innocent purchaser, the maker would be liable.</p> <p>The filling up the blank is not such an alteration of the note, as to vitiate it and prevent any recovery; it supplied an omission by fixing an optional rate of interest not binding on the maker without further proof, but does not avoid the right to recover the principal and legal interest.</p>