Hovey v. Sebring

Christiancy, Ch. J.

The main question in this case is, whether the maker of a promissory note payable to bearer has a right to show, as against the plaintiff producing the note on the trial, that the plaintiff did not obtain the title or the- right by which he seeks to recover, until after the commencement of the suit.

It is well settled, as a general rule, that the possession of such note by the plaintiff producing it on the trial, is prima -facie evidence of his title, or his right to sue upon it, and that the plaintiff need not be the real or beneficial owner to entitle him to recover.

The…