Brotherton v. Street

The complaint of the appellant is founded upon a promissory note, negotiable by the law merchant, executed by the appellees, and payable to Thomas J. McElroy. It is alleged that McElroy wrote on the back of the note these words: “ I sign this note to N. H. Garretson, without recourse,” and that he affixed his signature. We think this was such an endorsement of the note as passed title to Garretson, although there is a plain misuse of words, for the intent to vest title in Garretson is clear, and this intent it is the duty of the courts to carry into effect. It is further alleged that…