Bowles v. Wright, Davenport & Co.
Mississippi Supreme Court
In error from the Circuit Court of Yallabusha county. Hon. W. L. Harris, judge. The defendants in error sued Bowles in the court below upon a bill of exchange drawn by Bowles on McRae, Coffman & Co., and accepted by them, and protested for non-payment. The bill was payable to the order of the drawer, and indorsed by him in blank. It was also indorsed by the plaintiffs.
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In error from the Circuit Court of Yallabusha county. Hon. W. L. Harris, judge. The defendants in error sued Bowles in the court below upon a bill of exchange drawn by Bowles on McRae, Coffman & Co., and accepted by them, and protested for non-payment. The bill was payable to the order of the drawer, and indorsed by him in blank. It was also indorsed by the plaintiffs. Several exceptions were taken to the rulings of the court during the trial, but no objection was raised as to the title of the plaintiffs to the bill. The jury having found a verdict for the plaintiffs, the defendant moved for…
1Opinion of the CourtFisher, J.
This was an action in the Circuit Court of Yallabusha county, founded upon a bill of exchange, drawn by the defendant below, payable to himself, and by him indorsed in blank.
It is now said, for the first time, that the names of the plaintiffs appearing as indorsers on the bill, it must be presumed that the legal title is in the person claiming through their indorsement. If this objection had been made on the trial below, the plaintiffs having control of the bill, also had control of the indorsement, and could have stricken it out. Being an objection which they could have instantly met, it…
2Cited by1 opinion
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