Eaton v. McKown
Supreme Judicial Court of Maine
ON Report from Nisi Prius, Wells, J. presiding. AssumpsIt upon a bill of exchange drawn by the defendant payable to his order and by him accepted and indorsed to the Franklin Bank, upon a settlement of accounts. It had an indorsement as follows: — “ Pay to the order of J. C. Brewer, Cashier. John Otis, President of Franklin Bank.” Though objected to, the plaintiff, by leave of the Judge, struck out the last indorsement.
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ON Report from Nisi Prius, Wells, J. presiding. AssumpsIt upon a bill of exchange drawn by the defendant payable to his order and by him accepted and indorsed to the Franklin Bank, upon a settlement of accounts. It had an indorsement as follows: — “ Pay to the order of J. C. Brewer, Cashier. John Otis, President of Franklin Bank.” Though objected to, the plaintiff, by leave of the Judge, struck out the last indorsement. There was also a certificate, made by the cashier of the Suffolk Bank upon the bill, that its contents had been paid by the plaintiff. The defendant insisted that that payment…
1Opinion of the CourtShepley, C. J.
The suit is upon a bill of exchange drawn by the defendant upon himself and payable to his own order. When offered in evidence it appeared to have been indorsed by him in blank and to have been indorsed by the president of the Franklin Bank to the cashier of the Suffolk Bank.
The plaintiff was permitted to erase the last indorsement.
*513In the case of Dugan v. United States, 3 Wheat. 172, it was decided, that a person, who indorses a bill to another and comes again to the possession of it, may be regarded as the owner, unless there be testimony to the contrary, and as such may recover with or…
2Cases cited1 opinion
- Dugan v. United StatesSupreme Court of the United States · 1818
3Cited by3 opinions
- Beauchamp v. ZellmerTexas Commission of Appeals · 1922
- Bain v. HuselbyCourt of Appeals of Texas · 1926
- Bank of America v. SeniorSupreme Court of Rhode Island · 1876