Cases On the Law of Suretyship
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In our eReader you can find the full English version of the book. Read Cases On the Law of Suretyship Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Cases On the Law of Suretyship
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The writing is single, and can not be treated as if it contained two' separate agreements, one bind- ing upon the one and the other upon the other. The payee never received it, or agreed to receive it, as a note not bearing interest. He took it as a note payable with interest, having the signature of Reed appended to it as such, and delivered by Reed to him as an effec-' tual contract according to its tenor. He knew that, as it was signed by the defendant, it was not a note bearing interest ; a...nd he assumed that Reed had authority to make the defendant a party to the new contract, which the insertion of the words "with interest" consti- tuted. But Reed had not such authority; and the contract which the payee of the note received does not therefore bind the defend- 336 SURETYSHIP DEFENSES ant. The defendant never made the note which the payee accepted.
There seems to be no diflference in principle between this case and the one where a note should be signed by two persons for the sum of three hundred dollars, and one of them, supposing he had authority from the other, but really without his consent, should strike out the words "three hundred dollars," and insert in their place "five hundred dollars," and then negotiate the note.
What to read after Cases On the Law of Suretyship?
You can find similar books in the "Read Also" column, or choose other free books by Clinton De Witt to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The writing is single, and can not be treated as if it contained two' separate agreements, one bind- ing upon the one and the other upon the other. The payee never received it, or agreed to receive it, as a note not bearing interest. He took it as a note payable with interest, having the signature of Reed appended to it as such, and delivered by Reed to him as an effec-' tual contract according to its tenor. He knew that, as it was signed by the defendant, it was not a note bearing interest ; a...nd he assumed that Reed had authority to make the defendant a party to the new contract, which the insertion of the words "with interest" consti- tuted. But Reed had not such authority; and the contract which the payee of the note received does not therefore bind the defend- 336 SURETYSHIP DEFENSES ant. The defendant never made the note which the payee accepted.
There seems to be no diflference in principle between this case and the one where a note should be signed by two persons for the sum of three hundred dollars, and one of them, supposing he had authority from the other, but really without his consent, should strike out the words "three hundred dollars," and insert in their place "five hundred dollars," and then negotiate the note.
What to read after Cases On the Law of Suretyship?
You can find similar books in the "Read Also" column, or choose other free books by Clinton De Witt to read onlineMoreLess
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