Hopkins v. Commercial Bank
Citations
- 64 Fla. 310
Syllabus
<p>Where a party who is the payee of a negotiable promissory note, places his name on the back of the note under the words “we, as endorsers, waive demand, notice and protest, and guarantee payment of this note, and acknowledge that we sign with full understanding of this contract,” such person is an endorser, since by the endorsement he does not “clearly indicate by appropriate words his intention to be bound in some other capacity,” as contemplated by the statute; and parol evidence is not admissible to show the status of such endorser to be that of a maker, so as to compel an action against him jointly with the three persons who signed the note as the makers thereof.</p>
Judges: Account, Cockrell, Hocker, Illness, Shackleford, Taylor, Whitfield
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