Ensign v. Hooker

Van Wyck, Ch. J.

This action is against the maker of a promissory note. Plaintiff, by his complaint, alleges title to the, note, directly from the payee thereof, and. this allegation of title is denied by the answer, hence plaintiff 'was called upon to -make proof of the same at trial. The plaintiff’s counsel, on the trial, produced the note and offered it in evidence, and defendant’s counsel objected '4‘ on the ground that the indorsement had not been proven; ” the objection was overruled; the defendant excepted and the note; with *493the name of the payee on the1 hack, was marked in evidence as…