61 Ind. App. 79 | Ind. Ct. App. | 1915
Action on a promissory note, brought by appellee as endorsee and holder against appellant as maker. It is alleged that The John Kindler Company is a partnership, and that Elizabeth Kindler is a member thereof. A copy of -the note is exhibited with the complaint and is as follows:
“$1,074.00. Anderson, Ind., Dec. 27, 1909.
June 1, 1910, after date we or either of us promise to pay to the order of the Anderson*81 Carriage Manufacturing Company Ten Hundred Seventy-Four 00/100 Dollars. Negotiable and payable at Citizens Bank of Anderson, Ind. Value received without relief whatever from valuation or appraisement laws, with interest at 6 per cent after maturity and attorney’s fees. The drawers and endorsers severally waive presentment, protest, notice of protest and non-payment of this note.
*81 John Kindler Company,
P. O. Huntington, Ind. Charles P. Kindler.”
The argument is advanced that the fact that two handwritings appeared in the body of the note was sufficient to put appellee on inquiry in the purchase of the note, and therefore to undermine appellee’s standing as a good-faith purchaser for value as it might otherwise exist. The evidence on this question was heard by the jury, and the note was submitted to them for inspection. The circumstances were such as to bring the question within the province of the jury as a question of fact, and it having determined it in appellee’s favor, its finding is binding on us. In other respects the evidence tending to show that appellee was a good-faith purchaser for value was uneontradicted, and the jury having so found, we shall further consider the case from that viewpoint.
Bowen v. Laird (1906), 166 Ind. 421, 77 N. E. 852, is closely in point here. That case turns on the sufficiency of the reply to an asnwer of non est factum. The reply in that case admitted that the note when executed was not in the same condition as when sued on, and alleged that when executed it was as follows, omitting date and signature: “One year after day, I promise to pay to the order of Bernard & Hunter $144, at -value received. Interest at 8 per cent per annum after
It is” apparent from our discussion of legal propositions in connection with our consideration of the evidence that the court did not err in overruling the demurrer to the second paragraph of reply.
Some question is made respecting certain instructions tendered by appellant and refused by the court, and also respecting certain instructions given by the court on its own motion. We would not feel
Noth. — Reported in 109 N. E. 66. As to law governing altered paper, see 4 Am. St. 25. As to implied authority to fill in blanks so as to complete signed instrument, see Ann. Cas. 1912 B 1010. See, also, under (1) 8 Cyc 155, 201; (2) 7 Cyc 950; (3) 7 Cyc 619-622; (4) 7 Cyc 620, 622; (5) 2 Cyo 180; (6) 2 C. J. 1289 ; 2 Cyc 252; (7) 2 C. J. 1243; 2 Cyc 159.