8 Ind. 18 | Ind. | 1856
The appellees, by their partnership name of Anderson and Corn, sued Moore on a note for the payment of 150 dollars.. The declaration alleges that Moore, on the 22d of August, 1845, made his promissory note whereby, thirty days after date, he promised to pay Owen P. Grow, (by the style of St. Bt. Juda and owners,) or order, one hundred and fifty dollars; that Grow was, then, the sole owner of the steamboat Juda; and that afterwards, on the same day, he indorsed said note to Anderson and Corn. The note is as follows: “$150, August 22, 1845. Thirty days after date I promise to pay St. Bt. Juda and owners, or order one hundred and fifty dollars for services rendered St. Bt. Seabird — N. Moore.” Pleas, 1. Nil debet. This plea is verified by Moore’s affidavit, which states that the matters alleged in the plea are true; and that affiant has good reason to believe, and does verily believe, that the assignment to Anderson and Corn was not made before the commencement of this suit. 2. That Owen P. Grow was not, as alleged, the sole owner of the steamboat Juda. Hy consent, the cause was submitted to the Court, who • found for the plaintiffs; and over the motion for a new trial, there was judgment. The record contains the evidence. It was proved that the note was executed by Mooré; and there was evidence tending to prove that Owen P. Grow indorsed it to the plaintiffs. For the purpose of proving that William G. Anderson and Joseph PI. Corn constituted the firm of Anderson and Com, the plaintiffs proposed to introduce the record of a suit between Wil
But the appellant assumes another ground. He contends that the note sued on was not assignable, that it was not negotiable by the law merchant, that the assignment of it by Crow did not pass a right of action to the plaintiffs, under our statute. The latter branch of .this position is untenable. The statute under which the note was assigned provides, that “All promissory notes, bills, bonds, or other instruments in writing signed by any person or corporation, whereby such per
The judgment is affirmed with 5 per cent, damages, costs, &c.
Counsel for the appellant in their petition for a rehearing cited the following authorities against the ruling of the Court as to the admissibility of the registry: 3 Greenl. Ey. s. 419. — 2 Phil. Ey. 41, also pp. 85,, 135, notes.— Coolidge v. N. Y. Insurance Co., 14 Johns. 308. — 4 Taunt. 652.
In Grant v. Vaughan, 3 Burr. 1516, it was held that a note payable to a ship or bearer was negotiable and payable to bearer. In that case the words of the note were as follows: “Pay to ship Fortune or bearer,” so much. See, also, Parson’s Merc, law, 89, where the case is cited.