Falk v. Ignatz Czerwinski, Inc.

The plaintiff claims that Czerwinski, Inc., had no authority from her to- collect for her either interest or principal of the note and that Czerwinski, Inc., was the agent of the mortgagors to make payment for them to her.

If the findings of the court to the effect that the mortgagors had no knowledge of the assignment of the note and that the $800 was paid to Czerwinski, Inc., as payment thereon are sustained by the evidence, the case is very simple. The note was not indorsed. The plaintiff is therefore not a holder thereof in due course. Marling v. FitzGerald, 138 Wis. 93, 120 N. W. 388; 8…