Furbee v. Furbee

Hatcher, President:

This certificate presents the question, whether legal action is maintainable against the maker of a note, by one to whom allegedly the payee had transferred the note for value without indorsing it. On demurrer, the circuit court held against the transferee.

The demurrant contends that since the note herein was not indorsed, the transfer did not pass the right of legal action, citing decisions under the Law Merchant and also citing the Negotiable Instruments Law, section 30 (W. Va. Code, 46-3-1) which follows: “An instrument is negotiated when it is transferred from one…