Howell v. Commercial National Bank
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia on a verdict for tbe plaintiff, directed by tbe court in an action on a promissory note. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a directed verdict in tbe supreme court of tbe District in an action by tbe appellee, tbe Commercial National Bank, on a promissory note for $3,000, indorsed in blank by tbe appellant, John IT.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia on a verdict for tbe plaintiff, directed by tbe court in an action on a promissory note. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a directed verdict in tbe supreme court of tbe District in an action by tbe appellee, tbe Commercial National Bank, on a promissory note for $3,000, indorsed in blank by tbe appellant, John IT. Howell, tbe payee, and before maturity negotiated by Griffin Halstead, tbe maker, to tbe appellee, for full value. We will hereinafter…
1Opinion of the CourtJustice Robb
It is assigned as error that the court declined to rule that there was a variance between the cause of action and the proof, by reason of the declaration stating an indorsement of the note *376to the plaintiff. This assignment is without merit. The defendant’s indorsement was in blank, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery. Code See. 1338 [31 Stat. at L. 1399, chap. 854]. The holder of a negotiable instrument may, at any time, strike out an indorsement which is not necessary to his title. Code, sec. 1352. In Vanarsdale v. Hax, 47 C. C. A. 31, 107…
2Cases cited6 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Voss v. ChamberlainSupreme Court of Iowa · 1908
- Roberts v. HallSupreme Court of Connecticut · 1870
- Massachusetts National Bank v. SnowMassachusetts Supreme Judicial Court · 1905
- Eckert v. CameronSupreme Court of Pennsylvania · 1862
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