...That question he therefore submitted to the jury, and in connection therewith charged that when a note has been materially altered, and is in the hands of...a party to the alteration, he may enforce payment according to the original tenor. That was correct in law. Comp. Stat., p. 3719, § m. Finally, the...

...Pertinent provisions of those sections follow: "Sec. 31750. [Alteration of instrument; effect of.] Where a negotiable instrument is materially altered...assented to the alteration and subsequent indorsers." "Sec. 3175/>. [What constitutes a material alteration.] Any alteration which changes: 1. The date;...

...AFFIRMED. Stephens, Smith & Porter for respondent. 8. P. Armstrong for appellant. APPELLANT'S POINTS. Where a negotiable instrument is materially altered...assent of all parties liable thereon, it is avoided as to those who do not. assent thereto, and any alteration which ehanges the time of payment is a material...

...or acceptance is materially altered without the assent of all parties liable on the bill, the bill is avoided except as against a party who has himself...assented to the alteration, and subsequent indorsers : Provided, That where a bill has been materially altered, but the alteration is not apparent, and...

...or acceptance is materially altered without tho assent of all parties liable on the bill, tho bill is avoided except as against a party who has himself made, authorized, or assented to tho alteration, and subsequent indorsers. Provided that, Where a bill has been materially altered,...

...changes . . . the time or place of payment . . . is a material alteration"; and Sec. 124 provides: "Where a negotiable instrument is materially altered...assented to the alteration, and subsequent indorsers." It is conceded that the alteration in the note is material, and that before there could be a recovery...

...and, as such, it was considered prior to the passage of that Act. Sec. 124 of the same Act provides, " Where a negotiable instrument is materially altered...himself made, authorized, or assented to the alteration ''. The burden of proving that a party liable on such negotiable instrument made, authorized, or assented...

...has been altered by the Bills of Exchange Act, 1882, which provides that where a bill or acceptance is materially altered without the assent of all parties...avoided except as against a party who has himself made, authorised, or assented to the alteration, and subsequent indorsers, provided, however, that where...

...This rule has been declared in this state by statute. Section 4174, Rev. L. 1010, provides as follows: "Where a negotiable instrument is materially altered...authorized, or assented to the alteration, and subsequent indorsere. But wheu an instrument has been materially altered and is in the hands of a holder in due...

...was correct in overruling said demurrer." Section 6652 of the General Statutes of 1915 In part reads: "Where a negotiable instrument is materially altered...himself made, authorized or assented to the alteration." Authority or assent requires some affirmative action or statement. No such action or statement on the...