The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1882-12-14
for the farlller.
Law FOR FARMERS.

Some time since we gave an article on hum
bugs The country is full of Adventures who
prey upon tive classes distinetiyely. First those
who believe that all newspapers are liars, and
second, that class who subscribe for the paper
that is sold for the least money, without refer
ence to the reading matter it contains Among
the most successful swindlers are those who take
q promisary note for some swindle they have TO
SELL either drawn in such a manner that il may
be altered or separated, or else under the pre-
tense that il will not be presented until the ar
ticle is tested. A good authority says:
promisary note is written agreement to
pay certain sum Of money at certain time.
Ii must be definite and unconditional. Ii is
therefore in the nature of money; being nego-
table. and when payable to bearer, the proper
ty in IL passes by nero delivery of the paper on
which it is written. 1t is not subject to all the
defences that are good against other con-
tracts. For example: 1t is generally good in
the hands of an innocent holder, matter
though the maker of it had lost it, or it had
been stolen, or obtained from him by fraud. This
may be the case even though il had been alter
ed or raised" as where gave my note signed
in blank to person, authorizing him to I'LL in
certain amount, as $40, and he fills in larger
amount, as 500, and sells it 10 an innocent pIr-
chaser. must pay the larger amount, for it
was who enabled the fraud to be committed;
and an old maxim of the law holds that where
one of two innocent persons must suffer from the
wrongful acts of third the loss must be borne
by the one who enabled such third person to oc-
any sensible man will appreciate the necessity
of protecting in the largest degree, the rights OF
bonalide holders of negotiable instruments,
which form part of the currency of the coun-
try, and if subject to all the defences of other
written contracts, would he deprived of their
main value
Our advice is never give a note unless
written in ordinary form, and you should know
perfectly the contents thereof. The great num-
Der Of frauds that have been perpetrated on far
1fx S-ata nd Inv ataut
right men and worthless agricultural machine
~ agents. should be sufficient excuse for you to
have nothing to do with men, especially in i'm
portant transactions, who cannot satisfy your
banker lawyer or merchant that they are all
right.
Another fraud is that of conveyance. The fol-
lowing decision is a case in point: Where a
party conveys his property to third party
when Judgments are outstanding against him,
and such conveyance is with the intent to de-
fraud his creditors, and the fraud ispartici pated
IN by the purchaser his title will not be pro-
tecied. even though he paid sufficient considera
ton. William vs.. Nachenheim, Sup. Court of
Iowa
So, again, whenever note il executed by two
or more parties, any alteration in il without the
consent of all, notwithstanding the alteration
was entirely honest and with no fraudulent in
tent, will be deemed a material one. Craignead
vs.. LeLonep, Sup. Conrt of Pa. Leg. Intel. go.
In relation to mortgages, there always has,
aud always will be difficulties. A careful man
will never mortgage his home except As last
resort TO raise money for legitimate purposes. In
this connection, system Of mortgagng farms
in Switzerland will be interesting:
A farmer may borrow money of dozen men
sGccessively, the official book showing their or
ders. II he fails 10 pay, successor is found for
him by beginning at the bottom of the list of
debtors and calling each in his order TO as
sumo all the debts and manage the farm, or step
aside and lose his elaim.-PrGiTie Farmer.