3 Mart. (N.S.) 291 | La. | 1825
delivered the opinion of the court. This is an action by the endorsee of a promissory note against the maker. The petition states, that the instrument on was endorsed to the plaintiff, and that the defendant is indebted to him in the sum therein expressed. The answer denies that the petitioner has any interest whatever in the note, and on the trial the defendant proved that it did not belong to the former, but had been placed in his hands for collection. On this evidence, the judge nonsuited the plaintiff and he appealed.
The evidence given as to the want of interest in the plaintiff, was excepted to; and the question is therefore presented, whether on a simple allegation in the answer, that the plaintiff is not the owner of the instrument sued on, such enquiries can be gone into? The blank endorsement makes a bill transferable by the endorsee, and every subsequent holder by mere delivery, and so long as the endorsement continues in blank, it makes the bill or note payable to bearer. It appears to us therefore that whether the plaintiff was owner of the note
We therefore think, that on the pleadings in this case the judge erred in receiving evidence that the plaintiff was not the owner of the note and there appearing evidence sufficient to establish that the defendant made the note, and that the payee endorsed it.
It is ordered, adjudged and decreed,