Shain v. Sullivan

Citations

• 106 Cal. 208
• 39 P. 606
• 1895 Cal. LEXIS 594

Syllabus

<p>Action upon Promissory Note—Proof of Indorsement to Plaintiff.— In an action upon a promissory note it is sufficient evidence of the title of the plaintiff as indorsee, that the names of the payees were written upon the face of the note at the left-hand end thereof, instead of being written upon the back of the note.</p> <p>Id.—Mode of Indorsement.—The ordinary mode of indorsing a note is by the indorser writing his name upon the back thereof, but the indorsement may be made upon the face of the note with the same effect as if made upon the back; and, under section 3108 of the Civil Code, it is sufficient to constitute an indorsement, that the name of the indorser be written upon the negotiable instrument, otherwise than as a maker or acceptor, and that it be delivered with his name thereon.</p> <p>Id. — Proof of Delivery and Title.— The production of the note by plaintiff is evidence to show its delivery to him, and of his right to collect it from the defendants, where it appears that the names of the payees were written by them upon the instrument.</p> <p>Id.—Evidence—Genuineness of Indorsement — Failure to Object.— Where no objection was made to the indorsement of the names of the payees when the instrument was offered in evidence, upon the ground that there was no proof of the genuineness of the indorsement, such ground of objection is waived.</p> <p>Id.—Appeal—Waiver of Objection to Evidence.—A party cannot allow evidence to be introduced at the trial without objection, and afterward, upon an appeal, make an objection which might have been obviated if he had made it when the evidence was offered.</p>