Moody v. Morris-Roberts Co.

MCCARTHY, C. J.,

Specially Concurring. — I concur in the result in this case but on other grounds than those set forth in the opinion. C. S., sec. 5905, provides that a qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. The indorsement upon which the suit is brought is a qualified indorsement. C. S., see. 5932, provides:

“Every person negotiating an instrument by delivery or by a qualified indorsement, warrants:

“1. That the instrument is genuino and in all respects what it purports to be.

*426“2. That he has a good title to it.

“3. That all prior parties…