issue; (d) if there is a conflict between the written and printed
provisions, the former will prevail; (e) if it is doubtful whether the
instrument is a bill or note, the holder may elect which it shall be;
(f) it is not clear in what capacity the person making the note
intended to sign he is to be deemed an indorser; (g) when a note
containing the words "I promise to pay" is signed by two or more
persons, they are deemed to be jointly and severally liable thereon.
The signature of any party may be made by a duly authorized agent. No
particular form of appointment is necessary for this purpose, and the
authority of the agent may be established as in other cases of agency.
If, however, one signs as agent without disclosing his principal, he
is personally liable. Thus, a husband signed a note in his own name
without adding more. As he had disclosed no principal, he was
personally bound, and his wife, for whom he claimed to have signed the
note, was not liable. The maker of a note added to his signature,
"Pastor of St. Frances' church." This was regarded as his personal
note, all besides his name were words merely of description. A person
signed a note thus: "Estate of William R. Clark by William R. Clark,
Jr., Trustee." As he was not authorized to borrow on behalf of the
trust and give a note as trustee, he was individually liable
notwithstanding the form of the note.
Where the signature is forged or made without the authority of the
person whose signature it purports to be it is wholly inoperative.
Thus A cashed a number of drafts and checks payable to B's order on a
forged indorsement of B's name by B's bookkeeper, who appropriated the
money to his own use. Nevertheless, B recovered the amount of the
drafts and checks from A, nor was his negligence in not examining the
bookkeeper's books or accounts a good defense. In another case before
a note was delivered to and accepted by the payee, A, whose name
appeared on the back, was shown the note who said, "Everything is all
right." Afterward he resisted payment on the ground of forgery. As the
payee was induced to take the note on A's statement of its
genuineness, he could not escape payment.
Every negotiable note is deemed to have been issued for a valuable
consideration, and every person, whose signature appears thereon, to
have become a party for the value. An accommodation party is one who
has signed the note as maker, drawee, acceptor or indorser without
receivi
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