Thompson v. Brennan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Suit by plaintiff, as receiver of the Citizens’ National Bank of {Madison, South Dakota, upon a negotiable promissory note for $112, and seven per cent, interest, from the defendant to M. W. Daly, dated December 6,1887, and due July 1, 1891, which, when offered in evidence, bore, first, the indorsement, “M. W. Daly,” in the handwriting of Trow, the cashier of the bank, which had been…
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Appeal from a judgment of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Suit by plaintiff, as receiver of the Citizens’ National Bank of {Madison, South Dakota, upon a negotiable promissory note for $112, and seven per cent, interest, from the defendant to M. W. Daly, dated December 6,1887, and due July 1, 1891, which, when offered in evidence, bore, first, the indorsement, “M. W. Daly,” in the handwriting of Trow, the cashier of the bank, which had been canceled or scratched out; second, the indorsement, “ Without recourse to JM. W. Daly,” in Daly’s own handwriting. It…
1Opinion of the CourtDodge, J.
1. It appearing that the consideration of the note sued on had failed, it was necessary to a recovery that plaintiff should prove that the bank received it in due course of business, before maturity, for value, and without notice of the defenses. Rand. Comm. Paper, § 538.
Prima facie proof of such holding might be made by the indorsement written on the note, but the time of that act is in much dispute. The original indorsement of the payee’s (Daly’s) name was in the handwriting of Trow, the cashier, and before trial had been canceled. The following indorsement in the hand of Daly himself was,…
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