Eames v. Crosier

Citations

• 101 Cal. 260
• 35 P. 873
• 1894 Cal. LEXIS 1022

Syllabus

<p>Action Upon Note—Pleading—Ownership—Assignment.—Although an allegation in an action upon a note that the “ plaintiff is now the holder and owner of the said promissory note” is not sufficient in itself to show ownership in the plaintiff, yet, where it is also alleged that the note when made was delivered to the payee named therein, and that thereafter such payee for value, and before maturity, assigned the note by indorsing the same in blank on the back thereof, such allegation, taken in connection with the allegation of possession, is sufficient to show the plaintiff’s title.</p> <p>Id.—Effect of Indorsement in Blank. —The effect of indorsement in blank is to make the paper payable to the holder, not as indorsee, hut as hearer.</p> <p>Id.—Purchase From Bona Fide Holder—Pleading—Variance.—Where the complaint avers that the note was indorsed in blank and delivered by the payee to the plaintiff, and the answer denies such delivery, and alleges that the note was indorsed and delivered by the payee to a third party, who is alleged to he the owner of the note, and the evidence shows that the note was indorsed in blank by the payee and delivered to such third party, who, before the maturity thereof, assigned and delivered it to another person, and that the latter, after maturity, sold and transferred it to the plaintiff, and the court finds that the assignor of the plaintiff purchased, received, and paid for the note in good (faith, without notice of the facts pleaded in the answer, as a defense, such evidence and finding are not outside of the issues raised by the pleadings.</p> <p>Id.—Notice of Fraud in Procuring Note—Burden of Proof.—Upon proof, by the defendant, of fraud or illegality iii the inception of the note, the burden is cast upon the indorsee to show that he is an innocent holder, which he may do by showing that he purchased the note before maturity, or from an innocent indorsee for value, in the usual course of business; and when he has done this, unless