Opinion
(June Term, 1864.)
1. An indorsement of a bond by the obligee in this form, "A B, for sixty days, 19 November, 1858," imposes no liability on the indorser after the expiration of the limited time.
2. A justice of the peace has no jurisdiction of a guaranty.
APPEAL from a justice of the peace, tried before Health, J., at Fall Term of JOHNSTON, 1860.
The defendant was the obligee of a bond executed by one (214) Moore. He indorsed it to the plaintiff by writing these words on the back: "Eli Olive, for sixty days, 19 November, 1858." The warrant was brought on 25 December, 1859, a demand having been made on defendant a few days before. No evidence was offered of any communication between the parties concerning the import of the indorsement, or of any consideration other than what is implied by the indorsement. A verdict was taken for the plaintiff, subject to the opinion of the court, and the judge being of opinion with the defendant on the question of law reserved, the verdict was set aside and the plaintiff nonsuited. From this judgment the plaintiff appealed.
Winston, Sr., for plaintiff.
No counsel for defendant.
The judgment of the Superior Court appears to us to be correct.
We take the indorsement, upon which the action is brought, to be susceptible of but two interpretations. It is either an indorsement importing an unconditional promise, but to continued in force for a limited term only, or it is a conditional promise, i. e., a guaranty of the debt for the time limited. If it be the first, the time having been permitted to elapse, the responsibility ceases, and the right of action is gone. If the second, the right of action is not only gone by the lapse of time, but the justice before whom the action was commenced had no jurisdiction of it; and the want of jurisdiction being patent on the face of the pleading, the suit may be dismissed on motion.
Affirmed.
(215)