Martin v. Variety Manufacturing Co.

The allegation of the complaint that the note “ came lawfully into the possession of the plaintiff” carries with it the presumption of ownership, which, as a rule, follows lawful possession (Lee v. Ainslie, 4 Abb. Pr., 463; S. C.,1 Hilt. 277).

The note in suit was founded upon a good and valuable consideration ; it was negotiable, and was properly indorsed so as to pass title by delivery. Being negotiable and made for full value, it became immaterial what use Van Vechten made of it; the delivery to the plaintiff was, therefore, in no sense a diversion. The plaintiff produced the note upon the…