King v. Bellamy

Citations

• 82 Kan. 301
• 108 P. 117
• 1910 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Negotiable Paper Indorsed in Blank —Erasure of Previous Indorsements. The holder of negotiable paper indorsed in blank is prima facie the owner thereof, and the mere erasure of previous indorsements does not detroy this presumption.</p> <p>2. - Same. In an action to recover judgment upon a promissory note and to foreclose a mortgage given to secure the payment of such note the mortgage when offered in evidence was indorsed in blank by the payee, but there had been a previous assignment thereon by the payee, which was erased by red lines drawn through it. The court excluded the mortgage unless the plaintiff would first explain the erasure, which he was unable to do, and for want of such evidence his case was dismissed. Held, error.</p>