Blakely v. Grant
Massachusetts Supreme Judicial Court
This was an action on a foreign bill of exchange, sued by the plaintiff as endorsee of the payee, against the defendant as the drawer. On the trial, upon the general issue, at the sittings after the last May term in this county, before Parker, J., a verdict was taken by consent for the plaintiff, subject to the opinion of the Court on a case agreed by the parties. From the case, it appears that the bill was drawn by the defendant, whose signature is admitted, on Messrs.
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This was an action on a foreign bill of exchange, sued by the plaintiff as endorsee of the payee, against the defendant as the drawer. On the trial, upon the general issue, at the sittings after the last May term in this county, before Parker, J., a verdict was taken by consent for the plaintiff, subject to the opinion of the Court on a case agreed by the parties. From the case, it appears that the bill was drawn by the defendant, whose signature is admitted, on Messrs. John Grant if Son, for 900 dollars, payable, in sixty days, to the order of Dominique Lajus. On the back of the bill was the…
1Opinion of the CourtPabsons, C. J.
Several objections are made to the verdict in this case: That the bill does not appear to have been endorsed by the payee, because the endorsement is not made in blank, and does not direct payment to any person; and because the en- [ * 388 ] dorser’s signature is not proved. * As the payee, if he made the endorsement, expressly promises to pay the holder twenty per cent, damages, besides the principal, if the bill *317should be dishonored, we are satisfied that the endorsement is evidence of a transfer of the bill, without naming the endorsee; and in this respect the endorsement may be considered…
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