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· 3/17/1897

Foley-Wadsworth Implement Co. v. Solomon

Citations

  • 9 S.D. 511
  • 70 N.W. 639
  • 1897 S.D. LEXIS 91

Syllabus

<p>An instrument whereby plaintiff sold to N. certain goods, and defendants guarantied payment therefor, is admissible in evidence, notwithstanding that over the printed word “July”, designating the term of credit, is written the word “October”; it not being claimed that plaintiff obtained any advantage by extension of the term of credit, and the presumption therefore being that the alteration was before or at the time of execution and delivery of the instrument, and the burden being on defendant to show that it was material and subsequent to the execution and delivery.</p>

Judges: Fuller

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