Baumeister v. Kuntz

Citations

• 53 Fla. 340

Syllabus

<p>1. Prior to the enactment of the Negotiable 'Instruments Law, Chapter 4524, Acts of 1897, this court held that when a party who is neither the maker nor the payee of a promissory note, for the purpose of enabling the maker to raise money on it, and before the note passes to the payee, endorses the note in blank, he thereby became liable as one of the makers of the note.</p> <p>2. The Negotiable Instruments Law, Chapter 4524, Acts of 1897, in terms provides that when a person not otherwise a party to a negotiable instrument places thereon his signature in blank before delivery his status is fixed as that of an- endorser.</p> <p>3. Where the statute fixes the status of a party to a negotiable instrument as being that of an endorser, parol evidence is not admissible to vary such status.</p> <p>4. Under the Negotiable Instruments Law an endorser of a negotiable promissory note is not liable therefor if due presentment is not made to tbe maker for payment and notice of dishonor is not given, unless such presentment and notice are excused, dispensed with or waived. The right of an endorser of a negotiable promissory note to have due presentment and notice before liability attaches to him thereon, is given by law for the benefit of the endorser, and, under the terms of the statute, such presentment or notice may be expressly or impliedly waived.</p> <p>5. Waiver of presentment for payment may be implied from the, conduct of an endorser of a negotiable promissory note. If presentment for payment be waived notice of dishonor is dispensed with.</p> <p>6. When an action is brought by the payee against an endorser who has endorsed in blank before delivery promissory notes payable one day after date with interest from date, for the purpose of giving credit to the maker of the notes, evidence of contemporaneous facts and circumstances, constituting the course of action of the parties at the time of the transaction, may be shown in evidence in order to ascertain whether or not