Rockfield v. First National Bank

Citations

• 77 Ohio St. (N.S.) 311

Syllabus

<p>Third person places name in blank — On back of note before or at time of delivery — Liable as indorser and not surety — Entitled to notice of demand — Section 31JI et seq., Revised Statutes.</p> <p>Prior to the taking effect of the act of April 17, 1902, entitled “An act to establish a law uniform with the laws of other states on negotiable instruments,” a third person placing his name in •blank on the back of a promissory note before or at the time of delivery, assumed the position of a surety unless a different understanding between the parties was shown, and he did not thereby become an indorser in the legal sense of the term, nor contract any liability but that of maker. Ewan v. The BrooksWaterfield Co., 55 Ohio St., 596. But by force of said act (sections 3171. 3173^, 3i73h 3i'73L 3l73g, 31743 and 31780, Revised Statutes), such person so placing his name on the back of the paper by blank indorsement is an indorser and cannot be held in any other capacity. As such he is entitled, in- order to render him liable, to notice of demand upon those who are primarily liable, and failing such demand and due notice to him, he is discharged.</p>