Swaminadan Chetty V. Kannan Et Al.,

Sept.2,1910   Present: Middleton J.

SWAMINADAN CHETTY v. KANNAN et al.

71 and 71A-C. R. Colombo, 16,942.

Blank promissory note--Insertion of rate of interest agreed upon-No express authority -Material alteration-Bills of Exchange, Act, ss. 20 and 64.

Where the defendant borrowed from plaintiff money on a blank promissory note and agreed to pay interest at a certain rate on the amount borrowed by him, the insertion by the payee of the said rate of interest in the note without express authority is not a material alteration.

Middleton J.-If the note was given in blank, the payee was entitled to fill it up, as the Commissioner has found, to the amount covered by the stamp, and in my opinion he would have implied authority to insert the interest agreed on between the parties. It is not suggested here that the note was filled up first without mentioning the interest, and then that the interest was added by the payee, although as between payee and maker, where the rate of interest so inserted was the rate of interest agreed on between them, I am by no means confident that this should be deemed a material alteration so as to vitiate th

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