Legal Opinion

Melton v. Gibson

Indiana Supreme Court

Decided September 20, 1884No. 11,524PublishedCited by 9 opinions

From the Kosciusko Circuit Court.

1Opinion of the CourtElliott, C. J.

The note upon which this action is founded is payable at a bank in this State, and to the “ Jacksonville Sulkey Plow Works or bearer.” By our statute, promissory notes payable at a bank in this State are negotiable under the law merchant, and by that law all promissory notes in the hands of a holder for value, without notice, and where title was acquired before maturity, are protected against the defences of want or failure of consideration.

The contention of the appellant is, that as the note is payable to bearer, and not to order, it is not protected by the law merchant. This contention can…

2Cases cited4 opinions

  1. Riley v. SchawackerIndiana Supreme Court · 1875
  2. Holloway v. PorterIndiana Supreme Court · 1874
  3. Hall v. AllenIndiana Supreme Court · 1871
  4. Bullitt v. ScribnerIndiana Supreme Court · 1818

3Cited by9 opinions

  1. New v. WalkerIndiana Supreme Court · 1886
  2. Tescher v. MereaIndiana Supreme Court · 1889
  3. Glidden v. HenryIndiana Supreme Court · 1885
  4. American National Bank v. KerleyOregon Supreme Court · 1923
  5. Oyler v. McMurrayIndiana Court of Appeals · 1893

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