Baker v. Warner

Citations

• 16 S.D. 292
• 92 N.W. 393
• 1902 S.D. LEXIS 112

Syllabus

<p>1. The complaint in an action by the transferee of a note payable to C., or order, having alleged it was indorsed by C., and the answer having denied each and every alleg'ation of the complaint, except such as were specifically admitted in the answer, which did not include the indorsement by C., plaintiff must prove the indorsement.</p> <p>2. The allegation of the answer, in an action by the transferee of a note, that, if the note was transferred to plaintiff, it was transferred without consideration; is not an admission that it was indorsed by the payee.</p> <p>3. Where a note payable to order is transferred without indorsement, the transferee must aver and prove the assignment.</p> <p>4. The execution of notes sued on being admitted, eyidence by defendant that the way they were signed, in the lower left-hand corner, was unusual and irregular, is inadmissible.</p>