Home Insurance v. Bishop

This is an action upon a negotiable promissory note brought by the plaintiff as indorsee against the defendant as indorser before delivery of the note to the payee. Hearing was before the presiding Justice without a jury. The facts were not in dispute. The defendant relied solely upon the contention set up in his pleadings that the plaintiff

“is not a holder in due course of the note declared on, in-so-far as the defendant is concerned.”

The presiding Justice sustained this contention and rendered judgment for the defendant. The case comes forward upon exceptions to this ruling.

On July 13, 1940…