Prouty v. Wilson , 123 Mass. 297 ( 1877 )

By the Court.

The legal title in the note was in the administrator of the payee. The evidence warranted the jury in finding that both the defendants assented to and ratified the note in its altered form and thereby agreed to pay the same to the lawful holder, for the sufficient consideration of an agreement to forbear and an actual forbearance by those who apparently had the actual control of the note and the equitable interest therein. Exceptions overruled.