G.R. No. 1808. August 23, 1905

This was an action by the plaintiff against the defendant Macondray
& Co. as indorser and V. S. Wolff as drawer of a certain bill of
exchange, which, as set out in the complaint of the plaintiff, is as
follows:

“Manila, P. I., August 12,1902.

“$300.00

“At sight pay to my order three hundred dollars, value received, and charge to my account.

“V. S. Wolff.

“TOF. H. TAYLOR & CO.,

“Louisville, Kentucky.

“No…………………… ”

[Indorsements.
] “V. S. Wolff. The signature is O. K. Payment guaranteed. Protest,
demand, and notice of nonpayment waived. Macondray & Company.

“Pay to First National Bank of San Francisco, or order. American Bank, Manila, P. I. H. B. Mulford, cashier.

“Pay to 3rd National Bank or order. The First National Bank of San Francisco. James K. Lynch, cashier.”

This alleged bill of exchange, in the alleged form as it appears above
was sent to the correspondent of the said American Bank in the United
States for payment, which payment was not made for the reasons which
appear in the protest made by a notary public in the United States, and
which is as follows:

“STATE OF KENTUCKY,	ss.
“City of Louisville, Jefferson County

“On
this 25th day of September, 1902, I, C. W. Dieruff, notary public, duly
authorized and appointed as such, and residing in the city of
Louisville, at the petition of the Third National Bank of Louisville,
Kentucky, went with the original bill of exchange, a true copy of which
is hereto annexed, and made a diligent search for said F. H. Taylor
& Company, in order to demand payment of the same, but I was unable
to find said F. H. Taylor & Company, nor a representative of said
company with authority to pay the same. I went also to various banks
and demanded payment, which was denied.

“Therefore, I, the
said notary public, have protested and for these reasons do solemnly
protest against the drawer, indorser, and against all other persons,
for the exchange, reexchange, and all the expenses, damages, and
interest sustained, or that will be sustained, by reason of the
non-payment and dishonor of said bill of exchange.

“Protest and copy..	$1.25
“For information.	1.00
“Postage stamps	02	. [Notarial Seal.]
	_________
	$2.27

“Made
and protested in said city and county, and my notarial seal affixed the
said day and year, being written in my office, as required by the law.

“”C. W. DIERUFF Notary Public.

“I hereby certify that on this 25th day of September, 1902, I have
deposited in the post office at Louisville, Kentucky, duly sealed,
information of the said protest, directed to V. S. Wolff; Macondray
& Company; American Bank, Manila, P. I.; The First National Bank,
San Francisco, Cal., inclosed to the First National Bank, San
Francisco, Cal.

“C. W. DIERUFF,Notary Public.

“(My commission expires on the 22nd day of January, 1906).

“EXHIBIT.

MANILA, P. I., August 12,1902.

“$300.00

“At sight pay to my order three hundred dollars, value received, and charge to my account.

“V. S. Wolff.

“To. F. H. Taylor & Company, “Louisville, Kentucky. “No………………..

“[Indorsements.]

“V. S. Wolff. The signature is O. K. Macondray & Company.

“Pay to the First National Bank of San Francisco, Cal. American Bank, Manila, P. I. H. B. Mulford, cashier.

“Pay to the Third National Bank or order. The First National Bank of San Francisco, Cal. James K. Lynch, cashier.”

The plaintiff claims the right to recover of the defendant the amount
of said bill of exchange, together with the expenses incurred by the
protest, upon the theory that the defendant guaranteed the payment of
said bill of exchange in the following form, as appears upon the said
bill of exchange, as the same is set out in the petition of the
plaintiff:

“V. S. Wolff. The signature is 0. K. Macondray & Co.”

The liability of an indorsee of a bill of exchange, after due
protest and notice of nonpayment and dishonor, is the same as that of
the original obligors on such a contract, and any material alteration
in the terms of this contract by the holder of the same, Without the
consent of the obligor, will relieve such obligor from all liability
thereon.

Notwithstanding that the defendant is relieved from liability by
reason of this material alteration in his indorsement, we hold that his
original indorsement created no liability whatever. The original
indorsement by the defendant was for the purpose only of assuring the
plaintiff that the signature of V. S. Wolff, as attached to the
original bill of exchange, was genuine—that is to say, that the person
who signed the said bill of exchange was in fact V. S. Wolff, the
person whom he represented himself to be. It was an indorsement for
identification of the person only, and not for the purpose of incurring
any liability as to the payment of such bill of exchange. There was no
attempt to show that the drawer of said bill of exchange, V. S. Wolff,
was not the person who actually drew and signed said bill of exchange.

The judgment of the lower court is reversed, with the costs of both instances to be charged
against the plaintiff. After the expiration of twenty days judgment will be entered in
conformity herewith and the cause will be returned to the lower court for execution. So
ordered.

Arellano, C. J., .Torres, Mapa, and Carson, JJ. concur.
Willard, J., did not sit in this case.