Divelbiss v. Jones

The appellant sued Burns, the maker of, and Jones, an indorser on, a promissory note. The note was executed by Burns to Jones, and transferred by Jones to the appellant by the indorsement on the back thereof, reading as follows: “This is to certify that I have this day sold all my right, title and interest, to the within note and mortgage to L. B. Divelbiss, as part payment on radio.” The appellees’ contention is that this indorsement was intended to be “without recourse,” and therefore he is not liable thereon.

This is the second appearance of the case in this court. On the former appeal,…