Searles v. Seipp

Citations

• 6 S.D. 472
• 61 N.W. 804
• 1895 S.D. LEXIS 134

Syllabus

<p>1. An alteration of a promissory note after it leaves the hands of the maker and without his consent, by increasing the amount for which it was made, by the insertion of words and figures in blank spaces left in the printed form on which it was written, avoids the note as to such maker.</p> <p>2. A promissory note not made payable to order or bearer is not a negotiable instrument-(section 4456, Comp. Laws); and the assignee of such a note takes it subject to all defenses to which it would be subject in the hands of the original payee.</p> <p>(Syllabus by the Court.</p>