Walker & Trenholm v. Kee

Citations

• 14 S.C. 142
• 1880 S.C. LEXIS 107

Syllabus

<p>1. The transfer of a note carries with it a mortgage given to secure its payment.</p> <p>2. Promissory notes, payable to A & B, a partnership, were endorsed in blank by B with the firm name, and transferred to plaintiffs before maturity to secure advances made by plaintiffs to another firm of a different name, of which A, B & C were members; and afterwards A & B made an assignment of all their assets for the benefit of the creditors of that firm. Held, that whether A knew of the endorsement and transfer or not, the notes were the property of plaintiffs, they having had no notice of any misappropriation.</p> <p>3. Circumstances sufficient to arouse the suspicions of plaintiffs would not impair their title to such paper.</p>