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make the paper payable to bearer.
Responsibility of Maker.--A note being a contract, the maker of one is
responsible to the payee, as has been said, only if all the requisites of
a binding contract are present. If the note is negotiable in form, he is
responsible to the innocent purchaser of it.
Responsibility of Drawee.--The person drawn upon may know nothing of the
draft. He cannot be made a party to a contract without his knowledge and
consent. That he may have knowledge of the draft, it must be presented to
him. If upon seeing it he is willing to assume the responsibility of
paying it when due, he signifies his willingness by writing across the
face of the draft the word "accepted," with the date of presentation and
his name. The draft thereby becomes his unconditional promise, and he
becomes the principal debtor, occupying the position of a maker of a note.
Responsibility of Indorser.--When a person endorses any commercial paper,
he not only expresses thereby his consent to the transfer of it, but he
also enters into a conditional contract with each person who may afterward
come into possession of the paper, whereby he becomes responsible for its
payment, if the principal debtor fails to meet his obligation. To fix
responsibility upon an indorser, payment must be demanded of the principal
debtor on the very day when the obligation matures, and if payment is not
made notice of the fact must be sent to the indorser before the end of the
following day.
Responsibility of Drawer.--Between the drawer and the payee a draft is a
conditional contract, whereby the former impliedly agrees to pay the draft
if the person drawn upon does not. His obligation is that of a surety or
first indorser. To fix responsibility upon the drawer, the holder of the
draft must promptly present it for acceptance to the person drawn upon;
then, if it is not accepted, he must immediately notify the drawer.
Forged Paper.--Forgery is the fraudulent making or altering of a written
instrument. One whose name is forged cannot be made responsible, since the
act is not his. And since money paid under a mistake must be refunded, a
person who, deceived by the skill of the forger, should pay the seeming
obligation, would be entitled to get his money back.
But every person is bound to use reasonable effort to prevent forgery.
Thus, if a merchant writes out a note all but the amount, and authorizes a
clerk to put that in at some other time, and
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