115 Minn. 414 | Minn. | 1911
Action to recover on a promissory note alleged to have been executed by defendant to the order of the Sterling Manufacturing Company of Cedar Rapids, Iowa, and indorsed to plaintiff. The note is as follows:
“Willow River, Minn., P. O.
“Cedar Rapids, Iowa, Mar. 21, 1908.
“For value received I promise to pay to the order of the Sterling Manufacturing Co., Cedar Rapids, Iowa, one hundred and twenty-six dollars ($126.00) at Cedar Rapids, Iowa, in six (6) instalments, payable as below:
Two months after date ............................. $21 00
Pour months after date............................. $21 00
Six months after date ............................. $21 00
Eight months after date............................. $21 00
Ten months after date ...........-.................. $21 00
Twelve months after date........................... $21 00
“It is agreed that default in the payment of any of the above instalments shall, at the option of the payee herein, render the whole unpaid balance immediately due and payable. Sign here.
“S. L. Mottle.”
The defenses pleaded and sought to be proved were: (1) That defendant signed a written instrument, brit that it was altered after he signed it. (2) That he was induced to sign the note by fraudulent, representations, not believing it to be a note, and without negligence.
The evidence tended to show these facts: The Sterling Manufacturing Company is engaged in selling jewelry. Defendant has a harness and shoe repair shop in Willow River, Minnesota, On
The trial court denied plaintiff’s motion to direct a verdict, and submitted the case to the jury, instructing in effect that defendant was entitled to a verdict, if the figures indicating the amounts of the payments were inserted in the note after it was signed and delivered by defendant, and if defendant was not negligent in signing the note. The verdict was for defendant, and plaintiff appealed from an order denying its motion in the alternative for judgment notwithstanding the verdict or for a new trial.
1. The only error assigned is the refusal of the court to direct a verdict for plaintiff. Respondent asks that the appeal be dismissed, because that part of the order appealed from that denies a new trial is not assigned as error. But the order was clearly appealable, and it was not necessary to assign as error any ruling that appellant did not wish reviewed. The motion to dismiss the appeal is denied.
We feel obliged to hold that defendant’s negligence conclusively appeared from his own testimony. Indeed, defendant admits that he was careless, and this frank admission is fully warranted by the fact that he signed his name to a paper laid before him by a perfect stranger, with full opportunity and ability to read it, but without doing so, though knowing that it was a contract of some kind, and noticing that it contained printed matter, with blanks left for the insertion of written words and figures. The fact that he was “busy,” or the fact that he relied on the honesty of the agent, does not excuse him.
The- order appealed from is reversed, with instruction to the trial court to grant judgment for plaintiff for the amount of the note and interest.