Commercial National Bank v. Reichelt
Montana Supreme Court
Appeals from District Court, Cascade County; E. E. Ewing, Judge. Action by the Commercial National' Bank of Great Falls against E'dward Beichelt. Judgment for plaintiff and defendant appeals from it and an order denying him a new trial. The note was indorsed on the back thereof, “J. H. Irwin, Presdt. Great Northern Surety Co., Great Falls, Mont.”
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Appeals from District Court, Cascade County; E. E. Ewing, Judge. Action by the Commercial National' Bank of Great Falls against E'dward Beichelt. Judgment for plaintiff and defendant appeals from it and an order denying him a new trial. The note was indorsed on the back thereof, “J. H. Irwin, Presdt. Great Northern Surety Co., Great Falls, Mont.” This, we contend, was a sufficient irregularity to put the bank on notice, and therefore the bank could not become a holder in due course. The words quoted cannot be considered otherwise than as “descriptio personae.” In many instances an indorsement…
1Opinion of the CourtJustice Holloway
This action was brought to recover upon a promissory note executed and delivered by the defendant to the Great Northern Surety Company of Great Falls, and indorsed and delivered to plaintiff before maturity for a valuable consideration. The indorsement is in the following form: “J. H. Irwin, Presdt. Great Northern Surety Co., Great Falls, Mont.” It is conceded that the indorsement was made by Irwin, that he was president of the surety company, that he had authority to indorse the note for the company, and that plaintiff is a holder in due course, if the note bears the indorsement of the…
2Cases cited8 opinions
- Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
- Hitchcock v. BuchananSupreme Court of the United States · 1882
- Adams v. SwigMassachusetts Supreme Judicial Court · 1920
- Reeve v. First National BankSupreme Court of New Jersey · 1891
- Citizens National Bank v. ArissWashington Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hixson v. BorenCalifornia Court of Appeal · 1956