Dufour Bertrand Feed Co. v. Dedebant

Citations

• 9 Teiss. 321
• 1912 La. App. LEXIS 80

Syllabus

<p>3. The holder of a note cannot, as such, recover thereon, unless it be payable in terms, or in fact, to bearer.</p> <p>■2. The ownership of notes payable to order may be acquired either by original acquisition from the drawer, or by endorsement, or by assignment (which need not be in writing, Hughes vs. Harrison, 2 La., 89).</p> <p>3. The presumption is that a note not endorsed, is the property of the payee. This presumption is not overcome by the mere fact of the note being in the physical possession of a third person; but it may be rebutted by evidence showing that such third person is 'the true owner and bona fide holder thereof.</p> <p>4. Where the evidence does not enable 'the Appellate Court to pronounce definite judgment- for either party, the cause may be remanded for further proceedings. C. P., 906.</p>