Present: Lascelles C. J. and Wood Renton J.

CARUPPIAH v. DORASAMY.

330-D. C. Nuwara Eliya, 116.

Promissory note-Material alteration-Note signed in blank and issued undated-Insertion of one date by payee-Subsequent insertion of another date.

An alteration in the date of a note is, generally speaking a material alteration. But the note is not avoided against a party who has himself made or authorized or assented to the alteration.

Where a note is issued in blank and undated, the insertion of one date (April 16, 1909) and the subsequent alteration in the date (April 26, 1909) does not invalidate the note against the maker, inasmuch as he, by issuing the note in blank and undated, must be taken to have authorized the payee to have inserted whatever date he pleased.

THE facts appear sufficiently from the judgment.

H. A. Jayewardene, for the appellant.

Wadsworth, for the respondent.

February 3, 1913. Lascelles C. J. -

This is an appeal from a judgment of the District Judge of Nuwara Eliya dismissing an action on a promissory note on the ground of material alteration. The alteration in question is with regard to the date on the note. It is appar