National Fence-machine Co. v. Highleyman

The opinion of the court was delivered by

William R. Smith, J.:

This was an action brought by defendant in error to recover from the National Fence-machine Company the sum of $100 on its indorsement of a promissory note given to it by one Zink in September, 1902. The indorsement was made before maturity, as follows: “Protest waived. National Fence-machine Company, per H. M. Snyder, authorized agent.” The note was sold by Snyder to Highleyman. It was never in the possession of defendant below. The fence-machine company denied the authority of Snyder to bind it by his indorsement. Plaintiff had…