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· 3/13/1897

Seattle National Bank v. Emmons

Citations

  • 16 Wash. 585
  • 48 P. 262
  • 1897 Wash. LEXIS 363

Syllabus

<p>ASSIGNMENT OE PROMISSORY NOTE—ACTION BY ASSIGNEE — EVIDENCE.</p> <p>In an action upon a promissory note by an assignee, it is not necessary to prove a transfer by indorsement or written assignment in order to show title in plaintiff.</p> <p>Where the notes and securities of one bank have been assigned to another bank in trust to secure the latter for advances made, the trustee bank may, under Code Proc., § 134, which requires that every action shall be prosecuted in the name of the real party in interest, maintain an action upon a renewal note made payable to the assignor bank some months subsequent to the assignment, when such renewal note was taken by the trustee bank in payment of other notes duly transferred to it by the prior assignment, and had been made payable in the name of the assignor merely for convenience in keeping the accounts of the two banks separate.</p>

Judges: Dunbar

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