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two cases, first, where the payee is authorized to fill in the name, and second, where without authority the name has been filled in, and after acceptance passed into the hands of an innocent holder.

Instead of the name of the maker or drawer a description of the person sufficient to identify him will suffice, so a note signed "Steamboat Ben Lee and Owners," was held to be sufficiently executed. (Sanders v. Anderson, 21 Mo. 402.) In case of signature by mark it is customary to have witnesses to the mark of the signer, but this is for identification and not necessary to the validity of the signature; and the identification of the mark may be shown by its peculiarities the same as in the case of a signature. (Flint v. Flint, 6 Allen 34; Shank v. Butsch, 28 Ind. 19.)

An agent may sign the name of the maker or drawer to a bill or note, and parol authority is generally sufficient for him to do so. (Daniel's Negot. Inst., Sec.

274.)

A bill or note may be executed by one person or by

a number of persons.

When executed by but one, it is called a several note. When executed by two or more, it is either joint, or joint and several, according to its wording. Thus if in a note signed by two or more, the plural number is used in referring to them as "we promise to pay," it is held to be a joint note. (Barrett v. Funay, 38 Ind. 86.) While if in the same note the singular number is used, as "I promise to pay," then the note is considered as joint and several, since this expression indicates an intention to make it a joint and

several note. (Johnson v. King, 20 Ala. 270.) So the expression, "we or either of us," is held to make a note joint and several. (First Natl. Bank v. Fowler, 36 Ohio St. 524.)

The distinction between a joint note, and one joint and several, results from the fact that at common law but one suit may be maintained on a joint note, and all the makers must be joined in it. While the holder of a joint and several note may sue all, or each of them singly, but not more than one and less than all. But under the modern statutes in most of the States, the common law rules respecting joint, and joint and several notes is changed so that suit may be brought against any number of the makers regardless of the wording of the instrument, hence the distinction is not of present importance.

The two or more drawers of a bill of exchange are treated as separate personages, unless they are partners, and are each entitled to the same notice of dishonor as a single drawer. Each is liable to the acceptor for the whole of the amount of the bill. (Suydam v. Westfall, 4 Hill 211; Swilley v. Lyon, 18 Ala. 558.)

The drawee is a party to the bill, and his full name properly appears in the bill as indicated in the form given. But here, as in the case of the maker and drawer, the place given the name of the drawee is not important, neither is it required that the name should appear at all, if from the language used the identity of the drawee can be made out. Thus he may be identified by his description, official position, residence, and the

like, and when accepted by the person intended is valid. (Gray v. Milner, 8 Taunt. 739.) Until accepted, a bill without the name of the drawee is invalid; though it is claimed if such a defective bill is accepted by any one, it becomes valid, as the acceptor cannot deny that he was the intended drawee.*

The name of the drawee may be in the alternative as "to A, or to B," or "to A, and in case of need, apply to B." This simply necessitates that the holder should present the bill to each of the persons named as drawees before protest, and causes no uncertainty or conditional obligation as in the case of alternative makers or drawers. (1 Parsons' N. & B. 64, 65.) †

Sec. 759. SAME SUBJECT-THE PAYEE.Every bill or note should specify clearly to whom it is payable. If no person is designated as payee the

*Tiedeman, Com. Paper, Sec. 15; 1 Parsons' N. & B. 288-9; Contra, Davis v. Clarke, 6 Q. B. 16.

"Illustrations. Instrument in the form of a bill, but addressed Mobile, Ala." This is not a bill.

"To

"Instrument in the form of a bill payable to drawer's order, not containing the name of the drawee, but expressed to be payable at "No. 1 X Street, London." B, who lives there, accepts it. This is a bill, and B is liable as acceptor." (Benj.'s Chalmers B. N. & Checks, Art. 5.)

"A bill of exchange may designate one or more persons in addition to the drawee, to be resorted to for acceptance of payment in case of need, i. e. in the event of the bill being dishonored by the drawee. Such person is called the drawee or referee in case of need, or simply the case of need. The practice of designating a case of need is not common in America.” (Benj.'s Chalmers B. N. & Checks, Art. 7.)

instrument cannot be negotiated, though if some one is indicated so as to be identified by parol evidence it may be good as a non-negotiable contract. (Brown v. Gilman, 13 Mass. 158; Kinney v. Flinn, 2 R. I. 319.) This does not mean that the payee must be actually named in the instrument, though this is the proper way of doing. The instrument may be drawn payable to bearer, no name being given, and is negotiable as though executed to a named person, or bearer. The payee may be designated by his official capacity or office, or described as the administrator or executor of a deceased person, or the guardian or trustee of an infant.*

*Adams v. King, 16 Ill. 169; Moody v. Threlkeld, 13 Ga. 55; Tiedeman, Com. Paper, Sec. 17. "Or it may be made payable to the officer of a corporation or incorporated society; and without any further description, it will be payable to whoever occupies the office, at the time of presentment and demand, since the corporation or society was the real payee. But if the bill or note is payable to the officer of an unincorporated society, it must be made payable to the present occupant of the office, as payment 'to the secretary for the time being,' would make the paper void for uncertainty as to the payee." (Tiedeman, Sec. 17.)

"A bill may be expressed to be payable to a person therein designated, or to his order, or to bearer.

"Illustrations. Pay C.-Pay the trustees of the X Chapel.Pay to bearer C.

"Pay C or order.-Pay to the order of C.

"Pay to bearer.-Pay to ship 'Fortune,' or bearer." (Benj.'s Chalmers B. N. & Checks, Art. 8.)

"The payee of a bill, not payable to bearer, must be an existing person capable of being ascertained and identified at the time it is issued. Extrinsic evidence is admissible to identify the

A note payable to a named person, there being two persons of the same name, father and son, is presumed to be payable to the father unless the word "junior" is affixed to the signature. But where the son had possession of the note and had sued upon it a counter presumption arises which will permit the son to recover, unless it is shown that the father was intended. (Stebbing v. Spicer, 3 C. B. 827; Sweeting v. Fowler, 1 Starkie 106.) And, as a rule, an ambiguity caused by a mis-description of the payee will not destroy the negotiability of the instrument if the payee can be identified by the aid of parol evidence. (Cork v. Bacon, 45 Wis. 192.) A note in the form, "Received of A. B. one hundred dollars, which I promise to pay on depayee when misnamed, or when designated by description only, but not to explain away an uncertainty patent on the bill. "The following are valid:

"Pay to C, D and E, or the order of any two of them. "Pay to C or his agent.-Pay the trustees of the X Society, or their treasurer for the time being.-Pay C or his wife.

"Pay to C, the treasurer for the time being of the X Company. "Pay to the administrator of X, deceased. Evidence is admissible to show that C was administrator of X when the bill was issued.

The following are invalid:

"Pay to C or D, there being no apparent community of interest.

"Six months after date, pay to the treasurer for the time being of the C institution.

"Pay

or order.

Evidence is inadmissible to show

that C was intended to be the payee.

"Pay to the estate of X, deceased. (Benj.'s Chalmers B. N.

& Cheoks, Art. 9, and Illustrations.)

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