Ponnappa Chetty V. Ayasamy Chetty

Present : The Hon. Sir Joseph T. Hutchinson,
Chief Justice,and Mr. Justice
Middleton.

PONNAPPA CHETTY v. AYASAMY CHETTY et al.

D. C, Kandy, 19,731.

Promissory note-Alteration of the place of making-Is it "material"?

Plaintiff sued defendant, who was a resident of Colombo, on two promissory notes, A and B, which were made at Colombo. Note A was payable at Colombo, and note B was payable at Kandy. Plaintiff before institution of action altered the word " Colombo " into " Kandy ", so as to make it appear that the notes were made at Kandy.

Held, that note A was, and that note B was not, materially altered.

Any alteration is material which would alter the business effect of the instrument if used for a business purpose.

THE facts are briefly stated in the headnote.

Van Langenberg, for the plaintiff, appellant.-The alteration in note B is not material, as the action could have been brought at Kandy, even without the alteration.

De Zoysa, for the first defendant, respondent.-If not for the alteration, the plaintiff can bring the action either at Colombo or at Kandy; after the alteration, plaintiff can bring the action only

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