Stanfill v. Bell

BRICE, Justice.

The question is whether the original payee of a note transferred to another was agent of the holder with authority to collect it.

The plaintiff (appellant) bought from C. A. Head (defendant Hamilton’s intestate), who was the original payee, a promissory note, of which the defendant Bell was the maker and payor. Three months before the note was due by its terms, Bell, without knowledge of the transfer to plaintiff, paid to Head the amount thereof. At the time of payment, Bell requested of Head the delivery of the note, and was told by him that he did not have it, but that he…