River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-06-05
POPULAR TALKS ON LAW
SIGNING A NOTE
BY Walter X. Towers, A. g., J. o., Of the
Michigan Bar.

One noon while Jason Edwards
vas sitting on the porch of his
5.Jsperous farm home. resting he
fore he returned to the fields, a
shiny top buggy drawn by longleg-
ged bay drew into the side yard and
a brisk young man descended. He
presented the card of the National
Silo Co., and solicited an order.
Mr.. Edwards needed a silo and
signed an order for one, to be erect
ed later. He read the order care
lilly and noted its contents. 1t
learly read as and order for silo,
Tor the erection of which, if COM
pleted within sixty days after date,
was to pay $4,000.
No silo appeared, nor could Mr..
Edwards locate the company, but
he saw nothing to worry about un-
til, sixty days later, nearby bank
presented TO him for payment a
note for $4,000 in regular form and
bearing his signature. He protest
ed that he had signed no such note,
yet acknowledged that it was his
signature. Examination showed that
it was one end of the silo order he
had signed. II had been SO worded
and arranged that one end might be
cut off leaving promissory note in
regular form. The bank insisted
that it had paid full price for re-
gular note and as it was a "negoti-
able inStrament" it was protected
a bona fide holder. Edwards
sought ADVICE and being told that
he would have to pay the note did
so.
Proper advice by competent attor-
ney would probably saved Edwards
$4,000 since few states will sup
port such note, singed under
such circumstances. True, if one
is induced to sign a negotiable
promissory note though fraud and
that note is sold in ordinary course
TO a bank or individual, the
purchaser accepting it in perfect
honesty and good faith, paying
full value for an apparently regu-
Ter instrument that is not yet due.
the quality of negotiability is such
that the purchaser will have bet
ter rights than the rogue who
transferred it. Indeed, under such
circumstances, the signer would
have TO pay the note. But rightly
viewed, the case of Jason Ed
wards is not such a case. He
was not induced by fraud to sign
note, because he Gid not sign a
note. What he signed was an or
der. Having never signed a note,
bull something entirely different
which was changed into note, he
is no more liable than il his sigma
ture was forged to regular note.
Yet it is not strange that many
strange the many laymen have con-
6rned this rule and suffered need.
lessly when some of our courts
have made a mistake.
The other side of the picture is
the fraud practiced on Allan Nc
Goorty and his wife. Again bug
CIV came down the road, but it was
driven wild by an attractive young
man, and to his arm chung young
woman. They paused at the hos.
pitable-looking house for refuge and
told of clipping from cruel father.
Now jail the world lovesa lover, and
the McGoortys were all assistance.
OPPORTUNITY, quite by accident, OF
course, q clerical.looklng gentle
man appeared from the other direc
ton. Yes, he would marry them
and did-at least, went through 6
ceremony. Of course, the bride
wept, so did McGoorty, and Mr.
McGoorty blew his nose and found
his eyes a bit din. In the confusion
the Reverend" remarked that the
witnesses must sign the certificate
and pushed a paper toward them
which they readily signed.
Three months later bank pro
duced the marriage certificate
for payment. 1t was a regularly