Lodge v. Lewis

Citations

• 32 Wash. 191
• 72 P. 1009
• 1903 Wash. LEXIS 396

Syllabus

<p>PROMISSORY NOTES-ACTION BY INDORSEE-SUPPICIENCY OP DELIVERY.</p> <p>Prima facie ownership of a promissory note sufficient to uphold action thereon is established by evidence showing that it had been indorsed to plaintiff and action thereon brought in her own name, although she had never had the note in her actual possession and the attorney who brought suit thereon had been, selected, not by herself, but by the agent of her indorser.</p> <p>SAME-ASSIGNMENT-EIGHT OP ASSIGNEE TO SUE.</p> <p>Under Bal. Code, § 4835, which provides that any assignee in writing of any chose in action may sue and maintain an action thereon in his own name, notwithstanding the assignor may have an interest in the thing assigned, but allows the debtor to plead any counterclaim or setoff against the real owner, an indorsee of a promissory note could maintain action thereon, even if title had not passed to the indorsee, and the question of the assignee’s right to the note could not, under the circumstances, be raised by the maker.</p>