Elliott v. Capital City State Bank

This action was begun December 24, 1903, upon a certificate of deposit issued by defendant for $1,500 bearing date March 23, 1885, payable on demand to the order of Mary J. Penrose, and purporting to be indorsed by the payee to Isaac C. Penrose, the plaintiff’s intestate. Plaintiff also traces ownership of said instrument to himself through another line of indorsements, but the question of his right to sue may be regarded as beyond question if the certificate be a valid and enforceable obligation. Upon filing the original petition, defendant demurred thereto on the ground that the action was…