Lowish v. First Nat. Bank of Marietta

HICKS, Circuit Judge.

Plaintiff claims to have bought from defendant, the payee, a certain note for $10,000, dated July 23, 1923, due in 60 days executed by the Joan Collieries Company and indorsed by Benjamin E. Jones and E. H. Wigginton, Plaintiff seeks to compel defendant, by virtue of section 9089wl of Bums’ Annotated Statutes of Indiana 1914 (section 49 of the Negotiable Instruments Act), to indorse the note, and further seeks a decree .for the amount of it.

Said section, so far as it is material, is as follows: “Where the holder of an instrument payable to his order transfers it for value…