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.. Fnvs, 'a le; This.:is ag, qp on a D so.ry Dot0 in l,e. hands-.of } plaintiff, andesigned -by -the de fei'da aonie%'nry Tacl so Jap on: yg beoi 'd a i : tion proof, theaction was brog t aga1ist M6rton~ for $40u0 1 amount'.of the, ribite: -':hb fat are substantially'a'follOws: .ack-" sonfeird trppr,oliage an ato mobile; apd .1V Oton signed r the note as sUrety will with.Jacl(eon; and,left it in Jacesp posea sion. The note was in due form, and was complete int evety deil exept 'that l blahk.was left for the insertion of payee's name. It was agreed 'between the two makers that the note.was not to be used by Jackson forany pur+ pose save the.purchase of an au tomobile. Jackson did not buy the a\tomobife, but subsequently delivered the note to the plairitiff, John Dane, who accepted the note as" collateral security on a debt past due from Jackson to him. Dane knew nothing of any agreement b9tween Jackson and Morton, -nor under-what con ditions Jackson held the note. He inserted his own, name as payee, and on that consideration agreed to wait a while longer on Jackson's payment of his debt. The only question which the case presents, then, is: Can the plaintiff recover on said note? The defendant contends that the automobile was to have been pur chased for the joint use of Mor ton and Jackson, and that Mor ton was thereby deprived of the use of the automobile. But the facts do not' bear out this con tention, and for aught that ap peared in the record Morton sim ply signed the note to aid Jack son in his undertaking, and con sequently would have beep in no. worse position financially had Jackson bought a farm or other property. But aside from this, and com ing directly to the main point, I am of opinion that both upon, authority and reason the plain tiff can maintain his action. 'He accepted this note in good faith, and was neither required nor presumed to inquire of Jackson the circumstances under which he:obtained it. And certainly he was not supposed to. scour the country in search of ' Morton. 'There is no rule of law more cer tain than that a promissory note with name of payee left out is a good note, and holder may insert -his own name as payee .and sue on. the note as a holdei.in dyie course. That is just wha~t the plaintiff did 1n this case. He had gecepted the note, and agreed to, extend the time of payment on Jackson's debt, thereby, forbearingo sue na nd Mihitdtif eln thl ; of Swift s 4eor 16 4 et1' the for; value, 'without -noie'ishei tindecdf i p hn hego -reedNm'before A:oia a" ne d rln eitihetariditidli ' h--b e eon fiom " hon he' derive8itd f or d xma, deheWtb6gh i th !ir son{ *1ay. 'Have 'afufred it by fr ud otien ' by ; theftP 'r by obber" t is a well settled priiciple of law that where orie'of two inno eent'parties must suffer.thebur den-favaiably fAlls onitfat one who placed} itirnthe'power;f the one* ho comrnitted"the wrong to do so. Herethe- defendant: was not only= highly imprudent in assoMiating>himself. dn; the note with Jackson, ' but he was so grossly negligent as to - place. it in his power 'to secure the sole benefit -from'the ilote at any tirme henigh.t see fit. And one guilty of such negligent conduct can not expect to be shielded by a' court of law. The, defendant has Cited, the case of Vander Ploeg :vs. Van Zunk, 135 Iowa, 350, as author ity for the proposition that where a note is not filled in accordance with an agreement the plaintiff is not a holder in due course. But that case can be clearly dis. tinguished from the case at bar. In Vander Ploeg vs. Van Zunk not only the payee was omitted, but there was absolutely no. date, apd also no aonunt stipulated. So that the holder might have kept it for two years and filled in an enormous amount. The court reasoned that to hold such a note valid would be an . ab surdity, and that taking all those omissions under consideration would be practically to write a new note. In Bank vs. Sargent, 85 Me., 349, the -court said: "Where .a person signs a note with blank and entrusts to another to fill and deliver, - that person ' has au thority to do so, and the maker it bound if he exceeds authority." And,the-case of!Yocum vs. Smith, 63 Ill., 321, lays it down that, "Where through the negligence of the maker in leaving blink the note has been changed by ill ing in -the blank, and when the note Is in the hands of a bonafkde holder, then the maker is liable by estoppel." So that while probably there is no case to be found which covers the present action in all Its mi.. nutest particulars, still reasoning from all these collectively It is tlle opinion of this court that both upon reason and authority the plaintiff should recover judg ment on the note, and it ,Ik so ordered. R. P. Bellngow A.J a< 1 .=a ti7 _;. rV . w;r *tt ~ +rf i . . * r Ntt* toAbbot. AFULL"INo . '.CIGARS AND .TOB3ACCO Toilet' and Medicinal 'Arti cles We are Eal*ive Ajents for - Mailard's Celebrated Line of Candy PRESCRIPTIONS OUR SPECALTY" lBbr-r-r r. - Anybody with any spunk would be ripping.mad. Think Think of it. The same rdad made suit that cost you $25 at the beginning of the ses. son-same styrle-same mate* - - ,'rial-same everythiog-now - ad\ertised for $9.5.. Isn't it the worst:ever? det wise dlboy, you're no goat. - Suits and Mad to Overcoats .. Order That's .our price-all year round for the swellest little clothes, made right for ybur 1ek, that you ever lamped. Come on over and get > Pquare deaL .ant to save you $10. 1417 Colunbia Main St. S.C. *Copwls1a 1913 te e * " I wish to call your,uttention to the largest collectio)of Cole Pins, Rings, Fobs Chains, Tie Claapsl Beltr 4E:, 'ever brought to Columl a, - now on display at our, store. On account of the large quantity,puz haseo Ve awe able to make the prices very attractive, so' at vwith a very ,mnm otlayaou may obtin one,or more of these'desSrble-memento e of yor"clle days. \ . These goods Were'made by the College~ $Sel i1 Crest Co of Boston and are first, class in every respedt. ' 7 SBe sure to call in and loo1s them over. Whetherthre Is anythig in the line- you wish or not, we willsbe glad t6shoW thernito you 909 Main St. ~ The Drug Store Nearest the Campus