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42 Ark. 253

Block v. Wilkerson & Co.

Supreme Court of Arkansas

Decided November 15, 1883

Supreme Court of Arkansas · decided 1883-11-15

Hon. C. E. Mitchell, Circuit Judge. The indorsements were only a guarantee, not an acceptance, and to hold appellant liable . as a guarantor, there must have been demand, protest and notice. 2 Green, 189 ; J Ark., 76; 7 Pet., 112; 2 Bailey, S. G, 1; 35 N. H., 295-, Hi, La. Ann., 305; 1$ Barb., 61/.6; 29 La. Ann., 538; 11? Ark., 230.

Decided 1883-11-15

¶1OPINION.

¶2Appellant was not sued as a guarantor, but as acceptor of the bill, and was so treated by the court below.

¶3The bill was drawn upon him, and when presented for acceptance, he wrote upon it “protest waived, payment guaranteed,” and signed his name, and when the bill was presented for paymeut he made a similar indorsement. This is not the usual form of a commercial acceptance, but form is not essential by the law merchant, nor under the statute. (Gantt’s Digest, secs. 549-52.) Any words showing the intention of the drawee to accept or honor the bill are sufficient. (1 Dan. Nego. Inst., 2d ed., sec. 497.) If he write upon it “ I will pay the bill,” and sign his name, it will be treated as an acceptance, Ib.

¶4In this case appellant, by writing on the bill “protest waived and payment guaranteed,” must have meant that he would pay the bill. No other reasonable interpretation can be given to the words.

¶5Affirmed.

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