Hibernia Bank & Trust Co. v. Smith

Citations

• 89 Miss. 298
• 42 So. 345

Syllabus

<p>1. Promissory Notes. Indorsements. Effect. Actions on. Evidence.</p> <p>The signature of the endorser not being denied under oath, a plaintiff, being the holder of an endorsed promissory note, is entitled, without other evidence of his ownership, to offer it in evidence, and by so doing makes out prima facie his right to recover on the note.</p> <p>2. Same. Pleading. Delivery.</p> <p>An averment in a declaration that a promissory note had been “by endorsement transferred and assigned to plaintiff” imports a delivery and is sufficient to show plaintiff’s ownership of the note.</p> <p>3. Same. Demand at place of payment.</p> <p>It is not a defense to a suit upon a promissory note payable at a bank that the holder failed to demand payment there; but if the maker provided for its payment there at maturity and his money was there and remained there for payment, he should be relieved from interest after maturity and court costs.</p>