The gamecock. (Columbia, S.C.) 1908-2006, November 22, 1913, Image 6
.. 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
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Toilet' and Medicinal 'Arti cles
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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, -
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prices very attractive, so' at vwith a very ,mnm otlayaou may obtin
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