Boeka v. Nuella

The only question of law discussed in the briefs is whether the holder of a promissory note, who acquired it for a valuable consideration, can maintain an action upon it in his own name without an endorsement or a written assignment.

A party claiming to be the owner of a note transferred merely by delivery has only an equitable title to it; and, before the practice act of 1849 was adopted, he could not in *181such a case maintain an action on it in his own name, but was compelled to bring suit in the name of the payee to his use, after a bill in equity. But by the law as it now stands there is…