Root v. Price

Allen, Justice,

The action is brought by “ Elias Root, President of the Marine Bank, an association organized and doing business under the act entitled * An act to authorize the business of banking,’ passed April 18th, 1838, and the several acts amending the same, who prosecutes this action for the benefit of the said association,” and the allegation is, that the note in suit was indorsed and transferred to the plaintiff, and that the plaintiff is the holder and owner of the note, &c. ,

The defendant denies the transfer to and ownership of the note by the plaintiff. The proof is, that the note…