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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (April 23, 1913)
THE COOS BAY TIMES, MARSHFIELD, OREGQfl.,, WEDNESDAY, ARIj.,23, 1913 EV.EJVIMG EPJTION,, V LEGAL POUMTS OF SIGNING. PROMISSORY NOTE Oiiq noon while Jason Edwards was slttlnR on tlio porch of his prosperous farm home, resting be fore ' he, returned to tho fields, a shiny top biiBBX drawn by a long legged bay drew Into the slrio yard nmi a brisk vounK man descended. Jtc presented tho card of the Nat ional Silo Company, and solicited an order. Mr. Edwards needed a alio and signed an order for one. to bo ereotcd later. Ho read the order carefully and noted Its con tents. It clearly read as nn order for a silo, for tho erection of which, If comploted within sixty dajB after date, ho was to pay $100. No silo appeared, nor could Mr. Edwards locate tho company, but he saw nothing to worry about un til sixty days later, a near-by bank presented to hi in for payment n note for 100 In regular form am' bearing his signature. He protested that ho had signed no such note yet acknowledged that It waB IiIf signature. Examination showed that It wns one end of tho silo order he had signed. It hod boon so wordec und arranged that one end mlgh' be cut off leaving a promissory noW In regular form. Tho bank Insisted iat It had paid full price for i regular note and as It was n "ne gotiable Instrument" It was protect ed nu a bona fldo holder. Kdwardi sought advlcu and being told thai ho would havo to pay thu note did so. Proper advice by a coinpotenl attorney would probably have saver" Edwards ?100 since few states will support such a note, signed undoi such clrcumstnnces. True, If one li Induced to sign a negotiable prom IsHory note (through fraud and thu nolo Is sold In ordinary course to : bunk or individual, tho purchase) accepting It in perfect honesty and good faith, paying full value rot an apparently regular Instrumen that is not yet duo, tho quality o negotiability is such that tho pur rhasor will hovo bettor rights thai the rogue who transferred It. In deed, under the circumstances, tin ulgnen would havo to pay the note Hut rightly viewed, the case o Jason Edwards is not such a rase Ho was not Induced by fraud t' sign a noto. What ho signed wa nn order. Having novcr signed i note, but something entirely dlffoi rut which was changed Into a note bo Ih no more llablo than If hh slgnaturn was forged to a rcgulo note. Yet It Is not strange tha many, laymen havo confused tht rule and suffered needlessly whei Romatof our courts havo mndo tin mistake. Tho other side of tho plchiro li tho fraud practiced on Allen Mt Goorty and his wife, Again ( buggy, camo down the road, but I woh driven wildly by an nttraetlv young man, and to his arn clung, a young woman, They pause at the hospltnblc-lnoking houso fo rofugo and told of eloping from cruel father. Now, nil the worh Iovch a lover, and tho MrCoorty wero , all assistance. Opportunely quite, by accident, of course, a clei lcal-looklng gentleman nppenrei from itlio other direction. Yen, h would marry them, and did a least ho went through a coroiuon) Of course, the bride wupt, so dl Mrs. McOoorty, and Mr. Mcdoort blow his nose and found his eye a bit dim. In the confusion th "Reverend" remarked that the wit nesscs must sign thu corllflcuto nn pushed a paper toward them whirl they readily signed. Throe months Inter a bank pro duced a "ninrrlago corllflcuto" fo payment. It wns n regularly drawi noto for JB00. Mcdoorty had t pay It, as ho was legally llbale. Hi had committed the fault of falllni to read what he signed. In hi cane ho actually signed a note. O course, neither tho "Iteverend" no his confederates could havo collect ed from tho McOoortys but they had negotiated tho note at tho bank which, having nothing to nrouso Iti Husplclouo nnd knowing McOoorty'i Hlgnnturo, purchased It for fill value, whereupon the "Iteverend' and his friends moved on to trj their scehomo In virgin soil, tnkliu caro to bo well away when tho notei fell due. When ono of tho two Inno cent persons must suffer tho law takes tho view that tho ono who by his carelessness, mndo the frnw possible must foot tho bill, A similar result followed in tin enso of Clarenco Tuckor, who pun chased and accepted a barrel o medicated calf meal, giving his noti for JlO thoiefor, Tho bottom two thirds of the barrel proved fillet with saw-dust, but by that time, tin bank had purchased the note am tho agent had vanished. Tucket wnH legally bound to pay the note Tho vendor of the meal could no havo recovored tho hum, but ugali tho quality of negotiability pro. tected the Innocent purchnber and the man who Blgned the note had tc pay It. Ho had signed n noto, nnr" it naving come into the bauds o an Innocent third party In ilia com so of business, his liability va settled. So when .ou Mgn a promissory noto, drawn in tho familiar form, sixty days after date, for value re ceived, i promise to pay to the order of John Dpo, the sum of Ono Hundred Dollars with Interest nt six per cent per annum remeiuboi tnat It la negotiable and so is r great deal like monoy In that It may bo freely passed from hand to hand by simple Indorsement on tho back, and tho mun who comes by It honestly has full rlghtB against the person who signs it. In order to possosa this quality of nogotlublllt) to be able to pab from ono to another by Mmplo In doiBoiuent. uIvIul' to t)i .,.. ..... reiving It thuHo superior rlghtB- a note must conform to certain legal 1 equipments These are stated In tho Nogotlablo Instrument Law. a 1nnU.0,rn0,act,whIch ha8 ben adopted nr .i..T.' ...".. "?.. P.""??" Keucrni me noto must bo In writing nnd signed by tho mnkor. Writing In Its legal sense includes printing, lithographs, ore.; and the signature may bo an abbreviation or a "mark." Further, to be negotiable, it must contain nu unconditional piomlso to nay n tsum certain In money. Thero must bo no "If" about tlip promlso to ony. Also It must bo to pay monoy ind not potatoes or nails. If you iro having the houso shingled and want to prevent the negotiating of i noto you mny glvo so that no me mny secure from It bettor rlghtB than tho enrpenter to whom you ?lvo It, you mny do so by stating n the note that you promise to pay upon condition that tho barn h ihlngled In accordance with tho igreeincnr. To bo negotlablo a note must be oayablo on demand, or nt a fixed on determinable future time. Nam ing a futuro date for payment, of "oprse, fixes the time, So too, It s regarded as a fixed tlmo If pay ment Is to bo mndo at tho happen 'hb of nn event that Is certain to occur. Sixty days from date is a Interminable futuro time. Further, It must bo payable to order or to learer, tneso words of negotiability icing necessary that tho instrument mny possosa that quality. So notes iro written "pay to tho order of Tohn Smith" and not Just "pay to lohn Smith." A notu lacking tho abovo require nonts of negotiability may still bo t good contract enforceable between he original parties according to its terms. Hut If tho notu be not tie tollable and the mnn who Hindu It iaB been swindled, he mny mnko his defense against the person to vhom he gnvo It. A person who Intends to bind Imself by tho noto signs simply lis own uamo. Hut mistakes are nndo by agents who do not Intend o bind themselves, personally, but inly their principals. Do not Blgn John Jones, Agent for Samuel Imlth," for that will mnko John ones personally llablo; but Blgn Samuel Smith, by John Jones, gont." A somewhat different rule irevnlls In tho enso of public of Icers for ono acting In a public apaclty may sign his own name ns ifflccr and bind his principals and lot himself. The notes of corporations and inrtnorshlps nro signed by nn of leer or agent of tho corporation or iiember of thu partnership In the inmo of the company. A repre umtatlvo or partner who Is held out o the world as having authority o sign notes, mny bind tho company iven though he mny have exceeded lis authority. So, if you nro a rnrtnor, be cautious of the public minority that Is given, renlly or ipparently, to a partner whom you lo not trust absolutely. (Copyright, lit 13, by Walter K. rowers.) MarshfieJcl-Nbrthi Bend) Automobile Lines TO OUR PATRONS: ,. , Automobile tlckots are now good on both lines between Marsh field and North llend. GORST & KING, TWIN CITY AITTOLINE CITIRH I.OSI.Nfi pkoplk. Claim .Med lord, (limits Puss and Ashland on Decline. SALi:.l. Ore., April U2. Declar ing tnat tlio population or tho cities Medford, Ashland and (Jrnnts Pass Is Iccreaslng nnd that Its business In those plnces Is not prolltnblo. tho Ore son (ins & Klcctrle company, a con corn operating gaa plants In theso towns nnd nt Itosehurg, has written tho Kulltond Commission Inquiring If It is possible to restrain n compet itor -rom entering the Held na long as tho present service Is adequate. Llbby COAL. The Kind VOU havi iMVAYS USED. Phone 7U, Pad.' Jvery and Transfer Company. Have your Job printing dono The Times office. Try The Tlmen Want Ada. BANDON BY f HE SEA THE CITY' OF THEr FUTURE A P1CW TEN ACRK, TRACTS FOUR MILKS SOUTH .OX COUNTV ROAI 4W PKR, ACRK; 9100 CASH,, RALAXCK TWO YKAimr NO JNTKRKST, NO TAXICH, PINK HANDY LOAM, LKVKL HUNCH 1ANR. By Ohe-It, Will Make ,You. Money,, Donald: Mackintosh , HKAL.K8TATR, nnd INSUnANOK. FOR A GOOD WATUI OK FINE JKWELRV E. C. BARKER JEWELER x Fine Wntcli nnd Jewelry Ropnlrltig. 2(10 Front St.. Mnrshflclri. PROFESSIONAL DIRECTOR B ENJAMIN OSTLIND, Consulting Engineer nnd Aicliltcct. Phono lOiS-L Mnrshflcld, Ore. J.M. WRIGHT, CONTRACTOR AND RUILDER Estimates furnlshod on request Plans and specifications furiiluhod ir uesirca. ah noucst job gunrun tood. Phono 124-H. Low In l"l-e, big,, ,n EI"tric Iro ' Wo Imve a text . Irons h, ,, ,,$, " "t $1.7.". K1"8 condiUdJ M'W Irons, $.1ir)(, U) Coos BaTwiring Co w",'bw - . ""'Hfc -i -i .- IT ,1H RETTERTO OPEN-A RANK. .ACCOUNT NOW. WITH. YOUR IDLE MONEY THAN TO HUF-, PER THE REGRET THAT, YOU, In NOT, IK). SO, W1IK.V THE, DAY OP. WANT COMES. TODAY IS OPl'OR'VUXITY DAY AT. THE First National Bank, OP COOH IIAV. OUVIA EDMAfl, Mccliniio-Thornplst Scientific Swedish Massage, Medio Gymnastics O'Conncll Apartments Phono -103 JOEL OSTLIND, PInno Tuner and Repairer. 41b S. Sixth Street. Phono 103-L pKRL RILEY RALLINGER Plunlst and Teacher Resldenco-Studlo, 237 8o. Brondwaj Phone 18-L. VTT O. CHANDLER, Architect. Rooms 801 and 002, Coko Rulldlai Marsliflcld, Oregon. DR. W. MORROW, Dcntlit. 171 Grimes Hulldlng, over Grand Theater. Ofllco l'hone R20. W M. 8. TURPEN, ARCHITECT Marsliflcld, Oregon. You Can Git West Marshtield Lots for $350.00 12 '"I'lMlCH Ulllk from., . t.00M0 Wo have but t I. S. Kaulman , Co, I The STATEMKNT OP CONDITION Ktf- OP f LANAGAN & BENNtH BANK MAUSIIPIKLD, ORE. At tho close of business, April 4, 1913. RESOURCES. Loans nnd Discounts S494 09G n3 Nankins .Houso '.'.'.,'.'.'. Co!ooo!5b Cash and Sight Excbnnco 233074. 10 Totnl $777,770.38 LIABILITIES.- " Capital Slock Paid in ? 00,000.00 iSlr8 m,d Un"We I" 59,103.05 11 a,,a CG8.C0G.73 To,aI ?777,770.38 DR, A. J. HENDRY'S. Wvi aro equipped to do high clan work on short notlco nt tho vorj lowest prices. Examination free. Lady attendant. Coko Bldg., Opi Chnndlnr Ho'cl. phono 111 -J. Fisher Auto Service Win. Fisher, Proprietor. Phono orders to Hlllycr's Clgnr 8tnnd, Phono 18-J. After 11 p. in. phono D-J. Night phono 18 Ml. Marsliflcld. Oregon. New and Second Hand Furniture sold on tlio Installment plan. HARRINGTON, DOYLE & CO., noi! Front St. Phone fMO-L Marsliflcld. Or. I 'I, Bowling Alley! !173 NORTH FRONT STREiri' Tuesday Evening Especially for Ladies White House Restaurant NEXT DOOR TO 11MXC0 HOTEl Vmi are Invited to try our wru Wo , aim to ubo only the Srf overythliiK nnd pleaso oJr pat, Call and BCo Ui. You Auto Call Foole PHONE 1H-.TNI0IITA:,D DAI Stnnd front of Hnuco nillUrd PuU TWO NEW OAKS A,U,r V. i.,,.M 1'1'ont 20W Residence I'liono AJ, Careful Drivers .;. Ooo.irM Union Storage Company W. A. Heard, Mir. fcxpert Packers. Carped CImmI Purnltiiro Packed, Shipped. Stained ami Repaired. 382 Front St. Phone ill I.envo ordcis at OoIiib & Hmtj! just itr.(i:ivi:i A lurKe hliliiuciit of Klwlrlc fjt (JIiisn .Shades Call nnd boo our stock ol j!iu ware. We nlso have tome ol tkt latest designs In Bhowcr llitum, from two lluht to five. Evmtklti In electrical supplies. Barnard & Langworlhy- First Class Weaving promptly done t Gardiner's Rag Carpet. factory Cor. Union and Montana Strcot. Phono 131. North Bond. Or Of thtj state. Comfort Your Stomach W py for this trtment if U fall to promptly rclUva Indlff (Ion and DypepU. Reull Dyippei Tbletj remrdy itouitcb troubles tcuute thtv con Uln tho proper proportion of l'enjn and Hlamuth and tha ctrcttuy car minativM that help nature to tupply the tUmenta tha abttnea of -wliich In tha gutrio fulcra cauae Indijes-, ta and dyapcp.ia. Tuey aid tha, tomachjodigeitfoodandtoeuiekly couvert It Into rith rrd Wood and material nrvewary for otro)iulu; natural body wp. C,rrr .l'eJtase of lltxall Dya-, peisia lublela In jour vcat.pocl.vt, cr keen tlicm in our room, TaVo cue alter euch lieay incut an,) proa our as-striioa tlut tlioy will keep indl Ctilion frow iMiihering you We know wUtllexall DyapepIa Tablrls are and ntial tiny will do. n a Kiiarauten ihm to relieve indl gtlioM and. dyapepaIaor to Mund your money, if they fall to;do .o. Uoeaii t It atand to rrwwn (Imt w wouldii tateume this moueyriak were Mt, nut rertaln Itnall Dyapepala Jublcla williatlifyyouT -Three altea: X cula, 60 ceula, and tUOQt You eau buy nexall D-apepIa TableU L0CKHART PARSONS DRUG CO. The Jluay, Corner, i MarahrteM "- ilrHllff TYrn n,.' .$? U. l!l Store In nearly e-y town and cily in lb Un tej flum, Cjii wd t real iri(ln. Tnere U a durirtarneiaU llemedy (pr Mar y .v.ry ordinary Ltoan UI--each rcl.Uy diluei I tueiiff,?Sir for whleh l U recouuaeaJed. Tke RwU 8orM , AmarWa CmUfi For That M&rning After theNight Before ....DRINK.... Corona Blend Coffee C. A. Smith Lumber & Mfg. Co. RETAIL DEPART3IENT. LUMBER, LATH, SHINGLES, MOULDINGS. BASH AND DOOR8, ROOFING, PAPER, .ETC OUT THE .FUEL niLL IN TWO RY USING OUR WOOD. PHONE 100. 183 SOUTH BROADWAY FAMILY DEVNERS In our now locntlon, wo are es pecially prepared to cater to family trado. rtOL'lllnr tnrnlu ,ir Htinrf nr. ders. Open day nnd ulRlit. MERCHANT'S CAFE.' Droadwny and Coiniiierclitl Mfld. White Duck Button Shots for Children. AIbo now Patent Leather Bottoi SIioch for Ladles' and Misses', il The Electric Sfcoe Shop Be Up To Date Onler your Suit from IKJUU Dresi Expert U78 Fiimt St. The Tailor and xperl I'lstikt L Abstracts Real Estate, Fire and Marine Insurance Tide Guarantee and Abstract, Co. n .,, HENRY SENGSTACKEN, Mgr. Coqullle Office Phono 191-Plattlng Lands, a specialty. Farms Timber Coal and Mnrsbflcld Office 14-J. General Agents "EASTSIDE." COOS RAY PLATE AND WINDOW GLASS CO. J. A. Goodwill nnd W. E. Sawvor. Pinto, Art aud Window Glass, Mir rors, I'rlsnwtlc Glnwi. Mall ordora and phono orders given prompt .attention. Eatimntes fur- niBueu. Phono 70-L. 727 So. Hrondwqy, Marshflold. A tnodorn Dricx .uildlng, Blectrl: Light, Steam. Heat. Elegantly Furnished Rooms with Hot and Cold Water. HOTEL COOS O. A. Mctlln, Prop. Rates: 50 cents a day and upward Cor. Rroadwar and Marker City Auto Service Good Cam, Csreful Drlten u; oBBonablo cliargei. Our biw; "Will go onywnore t mj wt Stands Dlanco Hotel ud BUW Cigar Store. Day Phonei-78 l Night Phone 16. RARKrCR A GOODALR ywthm Coos Bay Tea, Coffee & Spice House O'CONNELL I1U)G. 181 Market Ave. Phone 394-J, FOR QUICK WORK, FOR PROMPT WORK, ' FOR 'GOOD. WORK, Telephone the old reliable Coos Bay Steam Laundry We always deliver the goods. Phone 57-J Marshfield w. s. nnov.N $ A. h. hodglns Marshfield Paint, (to Decorating Co. Estimates Furnished. Phono 187-L MarsMleJd, Ore. TG Star Transfer and Storage Co. Is prepared to do all kinds of haullm on short notice. W meet all train' and boats and wo also hare the latest stylo Reynolds PUno Morer. Wi guarantee our work. Singer Sewing Machines wo nave them tor rent or for sale. Machines Repaired, Supplies and Needles for Salo. W. J. RITZ, 131 Park Ave. Murslifleld. Phone 280-X Pictures & framing Walker Studio Xy J v. A t i . w x c " v r vc5 iv v7 vy iN ? f I n I HAVE MOVED Into my new store ) 5cwm of goods nnd new !Utur nnr una mn I AyGjRlZgl-:S L. H: Heisner, P Phones 98-R. 120-J rop. I-L. Unique. Pantatorium THE MODERN DYERS. CLEANERS - ..-mi uiU bai.' manuVATORP Agent for Edward n. Stranaa ft Co., Fi TallorlnK. Let ns .make your next salt. Mo; CENTRAL. Puoae jyj0.x R. J. MONTGOMERY Real Estate and Insurance . 344 North Front Street. Parker & Leaton Real Estate, Rentals and Insurance Lorkhnrt Rulldluu, Over Hub Cloth- lug Store, Marshfield, Ore. Have That Roof Fixed NOW See GORTEELL PHOWU BS91. ARMIMSTRATIUX' SAW- NOTICK 18 herel g "J'J suant to order of Couniy v ft State of Orenon for o , r of the estate of A. ' Jff J.UW J? the admlnlBtratrlx o jjWJ w ,s. from and af er TJh ursW ioin. nroceed to sell to phtt j. bidder for cash at ob , ,u nolBttnl. MarsUfleld, Oiejg.g right, title and Werf";' W i( ceased had at the fflg'Mllnl and which said estate WW J;, prcp to the following descrla erty. to wit: . south"' Northwest Quarter or ouarter of Section hle'e"- b,rtej Sty-six South. g8 Ja, coo. West of Willamette Men County. Oregon. 0regon(APr" Dnted at Marsliflew. u 1C 1913. VETTIE ROSS, ,d estate- Administratrix of , ,. First pub lea Ion AP" ,J1J. I I Last puuiicuu"" - -L.