Kennedy v. Moore

Citations

• 17 S.C. 464
• 1882 S.C. LEXIS 84

Syllabus

<p>1. The addition of words to a sealed note, after its execution, converting it from a simple interest into an annual interest obligation, renders the note void as to obligors not assenting to the alteration.</p> <p>2. Where a note appears upon its face to have been altered in a material part, it is incumbent upon the party producing it to explain the appearance, or show that the alteration was rightly made.</p> <p>3. Where defendant admits that he signed a note for the amount and of the date mentioned in the complaint, but denies that the note is cor-</p> <p>. rectly described, and alleges that alterations, have been since made without his knowledge or consent, the plaintiff must prove his note.</p> <p>4. Nothing contained in proceedings under an adjudication of bankruptcy of the maker of anote is proper evidence in a subsequent action by tbe payee against a surety.</p>