FIRST-CITIZENS BANK & TRUST COMPANY v. Raynor

The $800.00 cheque was the property of the defendant Louis E. Raynor. It was made payable to his order. He did not indorse it. There is no evidence that he ever authorized anyone to indorse it for him. There is no evidence that he knew his wife had procured this cheque, and had deposited it in plaintiff’s bank, until after the plaintiff had cashed her $800.00 cheque.

G.S. 25-35 reads: “An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. ... if payable to order, it is negotiated by the indorsement of…