Harbaugh's Estate

Opinion by

Mr. Justice Kephart,

The principal question in this appeal is whether the maker of a negotiable instrument who makes payment to the payee after the latter, before maturity, has endorsed the note to another, may be relieved of liability on the note if evidence is received showing that the payee acted as the endorsee’s agent or that payment was in fact received by the endorsee. The law is uniform that payment to the payee of a negotiable instrument when title and possession of the instrument has passed to another before maturity will not protect the maker: Brannon, Negotiable…