51 Iowa 457 | Iowa | 1879
— The note was executed by the use of a printed form, which form was in these words:
«-after date I promise to pay to the order of--dollars, at-; value received.”
After the word “at” was a blank left, evidently, for the insertion of the name of the place where the note should be made payable. The alteration consisted in filling this blank with the words “ten per cent interest from date,” no rate having been specified at the time of its execution. This .alteration, if it had been allowed to remain, was certainly
That the plaintiff is a purchaser for value is not denied. Whether he purchased with notice that the instrument had been altered admits of some question. He had notice, of course, of what appears upon the face of the instrument, and it is insisted by the defendant that the instrument reveals an erasure, in proof of which the instrument itself has been submitted to our inspection. There does appear manifestly an erasure. But an erasure is not necessarily an alteration. It is so only when made subsequent to delivery. Now, while
Affirmed.