Voris v. Anderson

<p>1. Bills and Notes — Negotiability—Designation of Payee.</p> <p>Where a note is made payable to the party named therein, or in the alternative to bear er, it is a sufficient compliance with sub division 4, see. 4051, Rev. Laws 1910.</p> <p>2. Same — Provision for Attorney’s Fee. Under subdivision 5, sec. 4052, Rev. Laws</p> <p>1910, the sum payable is a sum certain within the meaning of that chapter, although it is to be paid with cost of collection or an attorney’s fee, and a clause in a note, “with $80 attorney’s fees,” does not render the note nonnegotiable within the meaning of that section.</p> <p>3. Bills and Notes — Rights of Holder in Due Course — Alteration.</p> <p>Under section 4174, Rev. Laws 1910, it is provided that where a negotiable instrument is materially altered without the consent of the parties liable thereon, it is void except as against -a party who has himself made, authorized, or assented to the alteration and subsequent indorsers, but when the instrument has been materially altered and is m the hands of a holder in due course not a party to the alteration, he may enforce pay-ment thereof according to its original tenor.</p> <p>(Syllabus by Rittenhouse, 0.)</p>