79 P. 497 | Or. | 1905
delivered the opinion of the court.
The record bristles with assignments of error. Indeed, it would seem that almost every step in the progress of the trial was objected to by the defendants, and exceptions saved to the rulings of the court. The questions thus raised are embodied in the record and discussed more or less in the brief. They are, however, mostly technical and without merit. There was, in our opinion, sufficient proof of the genuineness of the indorsement on the promissory note offered in evidence to make a prima facie ease in favor of the plaintiff. The plaintiff, testifying in his own behalf, said that he was familiar with the signature of the loan and trust company, knew that the man who signed the indorsement was an officer of the company and had been doing business for it for many years, and that his signature to the
The only points of real importance on this appeal are: (1) Whether the indorsement, being on its face "for collection and return” to the payee, vested plaintiff with such a title as will enable him to maintain an action thereon in his own name; and, if so, (2) whether the court erred in admitting parol testimony tending to show that plaintiff was in fact the owner of two sevenths of the note, and in instructing the jury that, if such was the ease, any settlement with the. payee or assignee subsequent to the date of the indorsement to plaintiff would be no defense as against plaintiff’s two-sevenths.
From these views it follows that the judgment of the court below must be reversed, and a new trial ordered. Many of the other questions, argued in the briefs will probably not arise on a retrial, and need not, therefore, be noticed at this time.
Reversed.