Berry v. Van Hise

On September 27, 1902, Mrs. O. L. Berry sold and conveyed to T. J. Barnard a tract óf land for $3,000. On the same day Barnard executed to Mrs. Berry a mortgage to secure the purchase-money, which was represented by nine notes for $300 each and two notes for $150. The sale of the land was consummated *616through the agency of J. H. Hicks, and in payment .of his commissions Mrs. Berry delivered to him one of the $150 notes with the following indorsement: “Pa_y the within note to the order of J. EL Hicks, without recourse upon me. Mrs. C. L. Berry.” Hicks afterwards indorsed the note to Van Hise…