[Download] "Good v. Martin" by United States Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Good v. Martin
• Author : United States Supreme Court
• Release Date : January 01, 1877
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Mr. Richard T. Merrick and Mr. M. F. Morris for the plaintiff in error. 1. The rule of law is, that a party whose name appears on the back of a negotiable instrument, under circumstances like those connected with this note, is prima facie an indorser; that parol testimony is admissible to show in what character he signed, whether as surety, guarantor, or indorser; that the presumption of law does not arise to charge the party as surety, but favors his being regarded as an indorser; and that it is incumbent on the plaintiff who seeks to make him liable as a maker to rebut that presumption. The instruction of the court on this point was, therefore, erroneous. Rey v. Simpson, 22 How. 341; Story, Pr., sect. 133.

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