Long v. . Mason

Supreme Court of North Carolina

Long v. . Mason

84 N.C. 15

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1881

StatusPublished

Cited by2 cases

This text of 84 N.C. 15 (Long v. . Mason) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Long v. . Mason, 84 N.C. 15 (N.C. 1881).

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Opinion

Ruffin, J.

An alteration of a bond in a material part by a party to it, vacates the same, except as to parties consenting thereto. Davis v. Coleman, 7 Ired., 424; Draper v. Wood, 112 Mass., 315. An addition of the words “ interest at six per cent,” written in a corner of the.bond after it had been signed, is an alteration of it in a material particular. *17 ■'3 Addison -on Contracts,-§ 1-280. Tire in'tent 'with which the alteration is ma.de seems according to the weight of -authorities to be immaterial-; but however that may be, it has been decided by this -court in Dunn v. Clements, 7 Jones 58, that whenever -a -material alteration'has -been made,-a lpresumption -of fra'ud arises, and remains '-until -rebutted. There was no-evidence offered on the trial to remove this ¡presumption.

We therefore‘concur with His -Honor in the -opinion that %he defendant was entitled to .judgment.

-No error. -Affirmed-. '

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Ruffin, J.

An alteration of a bond in a material part by a party to it, vacates the same, except as to parties consenting thereto. Davis v. Coleman, 7 Ired., 424; Draper v. Wood, 112 Mass., 315. An addition of the words “ interest at six per cent,” written in a corner of the.bond after it had been signed, is an alteration of it in a material particular. *17 ■'3 Addison -on Contracts,-§ 1-280. Tire in'tent 'with which the alteration is ma.de seems according to the weight of -authorities to be immaterial-; but however that may be, it has been decided by this -court in Dunn v. Clements, 7 Jones 58, that whenever -a -material alteration'has -been made,-a lpresumption -of fra'ud arises, and remains '-until -rebutted. There was no-evidence offered on the trial to remove this ¡presumption.

We therefore‘concur with His -Honor in the -opinion that %he defendant was entitled to .judgment.

-No error. -Affirmed-. '

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Bluebook (online)

84 N.C. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-mason-nc-1881.

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