Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-04-19

One noon while Jason Edwards
was sitting on the porch OF his pros.
porous farm home, resting before he
returned to the fields, p shiny top
buggy drawn by long,legged bay
drew into the side yard and brisk
young man descended. He presented
the card Of the National Silo Co.. and
solicited an or6er. Mr.. Edwards needed
Q silo and signed an order for one,
to be erected later. He read the or
der carefully and noted It's contents.
It clearly read as an order for a silo
for the erection OF which, II cOmplet-
ed within sixty days after date, he
was to pay $4,000.
No silo appeared, nor could Mr..
Edwards locate the company, but he
saw nothing to worry about until six
ty days later, a nearby bank present.
ed to him for payment a note for
$4,000 In regular form and bearing
his signature. He protested that he
had signed no such note, yet acmow-
lodged that 1t was his signature. Elk
animation showed that 1t was one
end of the silO order he had signed.
1t had been so wOrded and arranged
that one end might be cut off leav-
ing q promssory note in regular form
The bank insisted that It had paid
Gull price for a regular note ard as 1t
was negotiable instrument" It
was protected as bona fide holder.
Edwards sought advice and being told
that he would have to pay the note
did so.
Proper advice by q competent at
torney would probably have saved Ed
wards 500 since few states will sup
port such a note, signed under such
circumstances. True, II one 10 IN
duced to sign a negotiable promis-
sorry note through fraud and that note
Is sold in ordinary course to p bank
or individual, the purchaser accept
ing 1t in perfect honesty and good
faith, paying full value for an appar-
emily regular instrument that Is not
yet due, the quality Of negotiability
is such that the purchaser will have
better rights than the rogue who
transferred 1t. Indeed, under such
circumstances, the signer would have
to pay the note. But rightly viewed
the case OF Jason Edwards Is not
such a case. He was not induced
by fraud to sign a note, because he
did not sign a note. What he sign
ed was am order. Having never Sign
ed a note, but something entirely diff
ferent which was changed into q note
he is no more liable than II his Gig
nature was forged to regular note.
Yet it lis not strange that many lay
men have confused this rule and suf-
fered needlessly when some of our
courts have made the mistake.
The other side of the picture is the
fraud practiced on Allan McGoorty
and his wife. Again a buggy came
down the road, but 1t was driven
wildly by an attractive young man,
and to his arm chung a young wo-
man. They paused at the hospitable
looking house Tor refuge and told OF
clipping from cruel father. Now,
all the world loves a lover, and the
McGoOrtys were all assistance. Op-
portunely, quite by accident, OF
course, clerical looking gentleman
appeared from the other direction.
Yes, he would marry them, and did
at least, he went through a cere-
mony. OF course, the bride wept, so
did Mrs. McGoWty, and Mr.. McGoorty
blew his nose and found. his eyes a
bit dim. In the confusion the REV
erend" remarked that the witnesses
must sign the certificate and pushed
a paper toward them which they
readily signed.
Three months later bank produc-