Diercks v. Roberts

Citations

• 13 S.C. 338
• 1880 S.C. LEXIS 55

Syllabus

<p>1. Where one endorses a note in blank under agreement with the maker that the blank shall be filled with a certain amount, and the maker fills it with a larger amount, and delivers it to the payee, who has no knowledge of such agreement, the endorser is liable to the payee for the note as written.</p> <p>2. If a note on the face of it, purports to be an absolute engagement to pay money at a certain lime, no parol evidence of an agreement at the time to renew and give indulgence will be admissible to defeat the action on the note.</p> <p>3. Hugely v. Davidson, 2 Mill’s Const. H. 33, limited.</p> <p>4. Whether the holder of a note has used due diligence to discover the endorser’s place of residence, is a question of fact for the jury ; but it is error to submit to them the inquiry' whether due diligence had been used in giving to the endorser notice of the dishonor of his note.</p>