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84 N.C. 15

Long v. . Mason

Supreme Court of North Carolina

Decided January 5, 1881

Supreme Court of North Carolina · decided 1881-01-05

Civil ActioN tried at August Special Term, 1880, of Rowan Superior Court, before McKoy, J. The suit was begun in a justice’s court in which the plaintiff declared upon a bond made by the defendant’s intestate as surety to one John B. Kerns. The bond was for one hundred dollars and was payable to the plaintiff as guardian of Thomas M. Kerns.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-01-05

How this case has been cited

Cited by 4 later decisions — most recently May 1912

4 state decisions

201881189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ruffin, J.

¶1 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.

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

¶3 -No error. -Affirmed-. '

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