Kamm v. Holland
Oregon Supreme Court
Appeal from Multnomah County. A. Holland and S. S. White, partners in trade, under the name and style of Holland & White, were the original makers .of a note to plaintiff Kamm for a valuable consideration, and, before it was delivered to the payee, defendant, F. S. Holland, signed his name on the back of said note, with the addition thereto of the word “ seev/rityf and when the note became due there was no demand upon makers, and no notice, of course, served on him.
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Appeal from Multnomah County. A. Holland and S. S. White, partners in trade, under the name and style of Holland & White, were the original makers .of a note to plaintiff Kamm for a valuable consideration, and, before it was delivered to the payee, defendant, F. S. Holland, signed his name on the back of said note, with the addition thereto of the word “ seev/rityf and when the note became due there was no demand upon makers, and no notice, of course, served on him. The Circuit Court held that F. S. Holland' was not liable thereon as maker or guarantor, and, not having been charged by demand…
1Opinion of the CourtPrim, J.
In this case we are called upon to determine in what capacity a third party is liable who indorses his name in blank on the back of a negotiable paper before it is delivered to the payee, or indorsed by him. Here, F. S. Holland so indorsed his name, with the addition of the word “ security.” It is insisted by appellant that, in so doing, he became liable as maker or guarantor of the note, and cites many respectable authorities from Massachusetts and other States in support of that position.
Contra. — It is insisted by respondent that in so writing his name, he only became liable as indorser on…
2Cited by4 opinions
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Wade v. CreightonOregon Supreme Court · 1894
- Barr v. MitchellOregon Supreme Court · 1879
- Kealing v. VansickleIndiana Supreme Court · 1881