Continental Guaranty Corp. v. Peoples Bus Line

Rodney, J.,

delivering the opinion of the court:

Three important questions are presented to and urged upon this court:

*5971. Are the notes sued upon in this action negotiable instruments within the meaning of the laws of this state and particularly of the Uniform Negotiable Instruments Act so as to allow suits thereon in the name of the endorsee of the said notes?

2. Has the present plaintiff by an election of inconsistent remedies, namely, the recovery of the motor vehicles by replevin process, estopped itself from a recovery on the notes from the indorsers thereof, even for the deficiency shown…