National Bank of Battle Creek v. Mallan
Supreme Court of Minnesota
Negotiable Instruments — Indorsement by Corporation — Presumption of Authority. — Under Gen. St. 1878, c. 73, § 89, the possession of a note by an indorsee purporting to be indorsed by a corporation is prima facie evidence that it was so indorsed, without proof that the person who made it had authority to do so.
1Opinion of the CourtGilfillan, C. J.
Action on two promissory notes made by defendants, each payable to the order of “Nichols, Shepard & Co., an incorporated company,” and each indorsed: “Protest waived. Nichols, Shepard & Co.” On their being offered in evidence with the in-dorsements, by the plaintiff at the trial, defendants objected to the indorsements being received, on the ground that no sufficient foundation was laid to authorize their admission in evidence. To sustain this objection, the proposition is made here that the indorsements were not admissible except on proof that they were made by some officer or agent of the…
2Cases cited1 opinion
- First National Bank v. LoyhedSupreme Court of Minnesota · 1881
3Cited by8 opinions
- Black v. Bank of WestminsterCourt of Appeals of Maryland · 1903
- In Re BegerowCalifornia Supreme Court · 1902
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Gumaer v. SowersSupreme Court of Colorado · 1903
- National City Bank v. Zimmer Vacuum Renovator Co.Supreme Court of Minnesota · 1916
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