Fink v. Scott

Woods, Judge:

This is the second time that this case has been before this Court. It is á notice of motion for judgment on a negotiable note, payable to “Lyda & Ridinger” and signed by the defendant as maker. On the first trial the. plaintiff simply introduced the note, and testified that he purchased same in good faith from Lyda before maturity and for value. A judgment for plaintiff was reversed and the case remanded on the theory that since the payee appeared to be a partnership, Lyda’s authority to endorse the name of the payee per his own on the note should be shown. 105 W. Va. 523. On the…