Lincoln v. Hinzey

Citations

• 51 Ill. 435

Syllabus

<p>1. Promissory note—joint makers—position of their signatures. One may become liable as joint maker of a promissory note, without reference to the position of his signature, or whether it be found upon the face or back of the note, if it be shown, by satisfactory evidence, that the party signing did so as joint maker.</p> <p>2. Blank endorsement—character of liability assumed thereby. If a note in the hands of the payee has upon its back the blank signature of a third person, the presumption, in the absence of proof, is, that such person endorsed as a guarantor. But the parties are at liberty to show what was their agreement, and what was the precise liability to be assumed.</p> <p>3. The mere fact that the name is upon the back of the note can not be received as conclusive proof that the person placing it there did not intend to assume the liability of a joint maker.</p> <p>4. Pleading and evidence—where parties are sued as joint makers. Where parties are declared against as joint makers of a promissory note, the production of a note signed at the foot by one, the name of the other appearing in blank on the back of the note, will, prima facie, support the declaration; and in the absence of a sworn plea by the latter, denying the execution of the note by him as maker, or of some stipulation on the subject, he can not deny that he was a joint maker.</p> <p>5. Contracts—construction. Where the payee of a promissory note executed by two joint makers, agrees at the time the note is made that a private account due from the payee to one of the makers should be applied as a payment on the note, when the balance should be ascertained by the parties, under a proper construction of the agreement, if the parties themselves can not agree upon the balance, that will not preclude the maker from having his proper credit, which may be ascertained upon the trial in a suit upon the note.</p>