The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1883-04-25
Law for Farmers.

Among the most successful swim
dlers are those who take a promissory
note for some swindle they have to
sell, either drawn in such a manner
that it may be altered or separable. or
else under the pretense that it will not
be presented until the article is tested.
A good authority says
a promissory note is written agree
ment to pay certain sum of money
at certain time. 1t must be definite
and unconditional. 1t is, therefore, in
the nature of money, being negotiable,
and where payable to bearer the prop.
erty in it passes by mere delivery of
the paper on which it is written. 1t
is not subject to all the defenses that
are good as against other contracts.
For example: 1t is generally Sanod
in the hands of an innocent
holder, no 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 it has been altered or "raised,"
as where L give my note signed in
blank to a person, authorizing him to
fill in a certain amount as SO, and ne
fills in a larger amount, rs 800, and
sells it to an innocent purchaser. 1
must pay the larger amount, for 1 it
was who enabled the fraud to be COM
mitted; and an old maxim of the law
holds that where one or two innocent
persons must suffer from the wrong.
full acts of third, the loss must be
borne by the one who enabled such
third person to occasion it. The JUS
ticc of this is obvious, and any sensible
man will appreciate the necessity of
protecting, in the largest degree, the
rights of bona tide holders of negotiable
instruments, which form part of the
currency of the country, and if subject
to all the defenses of other written
contracts, would be deprived OF their
main value.
Our advice is never to give a note
unless written in ordinary form, and
you should know perfectly the contents
thereof. The great number of frauds
that have been perpetrated Oh the
farmers of Western States and Terri
tories by patent right men and worth
less agricultural machinery agents
should be sufficient excuse for you to
have nothing to do with men, es-
pecially in important transactions,
who cannot satisfy your banker,
lawyer or merchant that they are all
right.
Another fraud is that of convey
ance. The following decision is a
case in point: Where a party conveys
his property to a third party when
judgments are outstanding against
him, and such conveyance is with the
intent to defraud his creditors and
the fraud is participated in by the
purchaser, his title will not be pro-
tected, even though he paid sufficient
consideration. Williams versus Mach
enheim, supreme court of Iowa.
So, again, whenever a note is exc
cuted by two or more parties, any al
teration in it without the consent of
all, Notwithstanding the alteration was
entirely honest and with no fraudulent
intent, will be deemed a material one.
Craighead vs.. McLoney, Sup. CT. Penn,
80 Leg. Intel 2S0.
In relation TO mortgages there al
ways has and always will be difficult
ties. A careful man will never mort
gage his home except as a last resort
to raise moneyfo legitimate purposes.
In this connection, peculiar system
of mOrtgaging farms in Switzerland
will be interesting A farmer may
borrow of dozen men sue
cessfully, the simple record in an Off
cial book showing their order. If he
fails to pay, a successor is found for
him by beginning at the bottom of the
list of debtors, and calling on each in
his order to assume all the debts and
manage the farm, or step aside and
/. I..s-