Opinion of the Court by
In this case it is clear from the evidence that the plaintiff in the court below made an alteration in the amount of the joint note signed by Pankey and Eoach, increasing the sum from thirty-seven dollars to forty-four dollars and fifty cents, without the consent of Pankey. This rendered the note itself void ; and on it no recovery could be had. The note is sued on as a lost note, and until it was produced, or evidence offered to prove the alteration, the defendant in the court below could not be supposed to be in a condition to plead non est factum. The offer to do so so soon as the evidence disclosed the fraud, was sufficiently in time, as the proceedings were not in writing, being an appeal from the justice’s decision to the circuit court, and therefore the court erred in not permitting the plea to be received.
But upon the whole evidence, as disclosed by the bill of exceptions, without even the tender of the plea, we are of the opinon that the judgment ought, on the ground of the alteration and fraud,.to have been for the defendant. The judgment of the circuit court is reversed with costs. (1)
Judgment reversed.