Scott v. Wilkinson

SOMERVILLE, X

It appears without dispute that tbe appellants, tbe Scotts, acquired a perfect title to tbe note in controversy by special indorsement of tbe payee plainly written on tbe instrument. Tbe only question presented for review is tbe decision of the trial court on tbe evidence, adjudging that the title of tbe Scotts, as indorsers, was defeated by tbe act of their agent, Kelley, in selling and indorsing tbe note to tbe appellee, tbe Traders’ Investment Company.

In support of tbe judgment, appellee urges four propositions: (1) That Kelley had written authority from tbe Scotts to dispose…