Plyler v. Elliott

Citations

• 19 S.C. 257
• 1883 S.C. LEXIS 78

Syllabus

<p>1. A sealed note was altered by the payee after its execution by adding thereto the words, “bearing interest at 15 per cent.,” but the additional words were erased by him before action brought. Held, that he could not recover on the note, which was rendered void by this material alteration.</p> <p>2. Nor could the payee disregard the note so avoided and recover on the indebtedness for which the note was given.</p> <p>3. But a contemporaneous mortgage having been executed by the principal debtor to the payee of the note, and the debt sufficiently appearing from the terms of the mortgage alone, which was not altered, the creditor ia entitled to a judgment of foreclosure. Qillett v. Powell, Spears Eq. 143, recognized and followed. Mr. Justice McIveb dissenting.</p>