Spillers v. Lafever

CATES, Judge.

Action claiming $1,328.44 due on a note secured by a chattel mortgage, both of which instruments were given to one George W. Beene (intestate) by Lafever. Spillers, according to the amended complaint, is alleged to be an assignee of the note and mortgage as an agent for collection for the benefit of Beene’s administratrix.

The jury found for the defendant on an affirmative instruction by the trial judge.

The evidence showed Spillers did not have the instrument indorsed to him until after commencement of the action, viz., on the date of trial. The indorsement was restricted (Code…