Voris v. Schoonover

The opinion of the court was delivered by

Benson, J.:

The question to be decided is whether the indorsement of the promissory note, which is the subject of this action, is sufficient to constitute the plaintiff a holder in due course, as defined in the negotiable instruments law, in the circumstances disclosed in an agreed statement of facts.

The promissory note in question recites a promise “to pay to the order of Lew W. Cochran or R. F. Dygert.” It is agreed that the note was indorsed before maturity by Cochran, while he had it in his possession ; that he delivered, it to the plaintiff for…