the clerk inserts a larger
sum, any innocent purchaser can compel the merchant to pay the full
amount. In some states it is held that a person who leaves space in an
obligation wherein the amount can readily be raised, is bound to stand the
loss caused by his negligence.
Accommodation Paper.--A man may be perfectly willing to lend a friend some
money and yet be unable to do so. He may, however, in any one of several
ways, make it possible for his friend to obtain the money. Thus A, wishing
to accommodate his friend B, may make a note payable to B's order; or he
may endorse B's note; or he may make a draft payable to B's order; or he
may accept B's draft on him. By selling the paper, B secures the money
desired. The implied contract between A and B is that B will pay the
obligation.
In none of these cases could B compel A to pay him any money, because the
contract between them lacks consideration. But A would be responsible to
an innocent purchaser, because there is nothing on the face of the paper
to indicate the defect. And he would be responsible even to a purchaser
who knows the paper to be accommodation, because by signing he binds
himself to pay if B does not, and his signature is what enables the sale
to be made.
Certified Checks.--Business men make most of their payments by check. If
the receiver of a check does not, for any reason, wish the money, he may
deposit the check in the bank as if it were cash. If he is going away from
home, or if he wishes to make a payment in some other place, he may save
the expense of a draft, and make a check equally as acceptable, by getting
the cashier of the bank to "certify" it, that is to state officially that
the drawer has the money in the bank. This he does by writing across the
face of the draft the word "Good," with his signature as cashier. When
this is done the responsibility rests primarily on the bank. It occupies
the position of the acceptor of a draft.
_Pertinent Questions._
Two of the following are valid notes; which two? The others are not; Why?
1. March 5, 1890, I promise to pay John Smith one hundred dollars, if he
is then living.--William Jones. 2. On or before March 5, 1890, I promise
to pay John Smith one hundred bushels of wheat.--William Jones. 3. On
March 5, 1890, I promise to pay John Smith whatever is then due him.--
William Jones. 4. When he comes of age, I promise to pay John Smith one
hundred dollars.--William Jones. 5. March 5, 1890, I pr
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