MALINDA v. ST. PHILIP

No. 239.

138 So.2d 671 (1962)

James A. MALINDA v. Anthony R. ST. PHILIP.

Court of Appeal of Louisiana, Fourth Circuit.

March 12, 1962.


Attorney(s) appearing for the Case

Charles E. Cabibi, New Orleans, for defendant-appellant.

David H. Machauer, New Orleans, for plaintiff-appellee.

Before McBRIDE, YARRUT and SAMUEL, JJ.


YARRUT, Judge.

Defendant appeals from a judgment for plaintiff on a promissory note for $400.00. Defendant admitted signing the note, but denies liability on the ground that plaintiff, after the execution thereof, changed the rate of interest from one to six percent, a material alteration as defined by LSA-R.S. 7:125 of Louisiana's Negotiable Instruments Law.

The judgment allowed interest at the rate of one percent to date of suit, and the legal rate of five...

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