Long v. . Mason

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-. '