Osborn v. Millikan

The opinion of the court was delivered by

Harvey, J.:

This is an action on a promissory note by the holder *593against the makers and the indorsers. The makers defaulted, and judgment was taken against them. The indorser defended on the ground that the note was a nonnegotiable instrument and that his indorsement had the effect only of transferring title. Judgment was for plaintiff, and the indorser has appealed.

The note sued upon, otherwise negotiable in form, contains the following provision, which appellant contends renders it nonnegotiable (we italicize the language specifically relied upon):

“It…