Schmitz v. Hawkeye Gold Mining Co.

Citations

• 8 S.D. 544
• 67 N.W. 618
• 1896 S.D. LEXIS 78

Syllabus

<p>1. An instrument duly made, which recites, “Due W. C. R. the sum of $98.65, payable at this office, on the 20th day of June, 1893, to him or order,” is a promissory note, within Comp. Laws, §§ 4426, 4562, declaring that “a promissory note is an instrument, negotiable in form, whereby the signer promises to pay a specified sum of money.”</p> <p>2. A general indorser of a note, in effect, contracted in writing, as provided for in Comp. Laws, § 4479, Subd. 4, that he would pay it on due notice of the dishonor of the instrument; and where no such notice was given, evidence of a purported oral promise on the part of the indorser that he would guaranty the amount thereof, in any event, in case of default by the maker, was incompetent-, under Sec. 3545, excluding evidence of oral ag'reements when the contract has once been put in writing.</p>