1915. Present   : Wood Renton C.J. and Shaw J.

WIJEWARDENE v. APPU et al.

126-D. C. Galle, 12,595.

Blank promissory note-insertion of rate of interest without authority-Material alteration.

Defendants gave plaintiff a blank promissory note as security for purchases and authorized him to fill it up for the amount of the purchase. The plaintiff in filling up the note inserted interest at 18 per cent., for which he had no authority.

Held, that the note was materially altered by the insertion of the rate of interest, and that plaintiff could not maintain an action on the note.

THE facts ate set out in the judgment.

J. S. Jayewardene, for the appellants.-The plaintiff was not authorized to insert interest at 18 per cent. There was no agreement, express or implied, as to interest, nor is it customary to charge interest for purchases. The insertion of interest without authority amounts to a material alteration of the note. Counsel relied on 1 Balasingham 182.

A. St. V. Jayewardene, for the respondent.-The judgment is right, as it is only for the admitted indebtedness of the defendants. The evidence of the plaintiff shows that the defen