Page:Federal Reporter, 1st Series, Volume 3.djvu/387

 880 FBDEBAIi BBPOBTBB. �could not get the money from complainant without the signa- ture of Mrs. Werges to the note. �In order, therefore, to get the money Kreuger forged the name of Mrs. Werges to the note. �Perhaps he aasuined in his own mind that he might do this ■with impunity, if not propriety, since by signing her name he would not substantially increase her liability, seeing that she had agreed to pledge her land by mortgage for the debt ; or it is possible that to Kreuger's mind it appeared that the name of Mrs. Werges to the note would, under the circum- stances, be at most a mere matter of form. �The note and mortgage must be treated as one contract. The parties evidently so intended them. They were delivered togetber, and at the same time, as security for the debt. The complainant would not otherwise have received them, and advanced the money upon them. Considered in this light, they must be construed together, and their true character is that of accommodation paper. The paper was especially Bueh as to Mrs. Werges, who received no consideration what- everfor executing the mortgage. Casper A. Werges executed the note for the accommodation of the firm to which he be- longed, and his wife joined him in the mortgage to secure the same. She was clearly a surety for the firm of Kreuger & Werges. She executed the mortgage for the accommodation of that firm. The note and mortgage were in form given to Kreuger, and made payable to his order, to enable him to indorse the note, and thus transfer both note and mortgage to the complainant as security for the money to be loaned by the plaintiff to the firm. �While the note and mortgage were in the hands of Kreuger, and before the transfer, Kreuger forged Mrs. Werges' name to the note. He thus entirely ehanged her relation to the transaction. He made her a principal instead of a surety in the contract evideneed by the note and mortgage. Can it be doubted that the moment Kreuger ehanged the contract with- out Mrs. Werges' consent she was released? She signed the contract for the accommodation of the firm. A member of the ����