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William H. Bizzell
vs.
The Bank of the State
An endorsement without delivery does not divest the legal interest of the
holder of a bill; both are unnecessary.
Where endorsements are in blank, the holder may make himself the immediate
endorsee of any one of them, or he may derive his title through all in
succession.
Writ of Error to Pulaski Circuit Court.
The facts are stated by the court.
Ringo & Trapnell, for the Plaintiff (William H. Bizzell).
Lincon, contra.
J. Oldham. This was an action of assumpsit, brought by the Bank against
(William H.) Bizzell, in the Pulaski Circuit Court, upon a bill of exchange
for eleven hundred dollars, drawn by Seldon Tryon, in favor of Ezra Crowell
upon, and accepted by (William H.) Bizzell, on the 15th December, 1840, and
payable three months after date, at the Union Bank of Louisiana, in New
Orleans. The declaration avers that (Ezra) Crowell endorsed the bill to
Alvin McDonald, who then endorsed the same to the plaintiff (William H.
Bizzell). The defendant pleaded non assumpsit. Upon the trial the plaintiff
(William H. Bizzell) introduced, and offered in evidence, a bill of
exchange, similar to that described in the declaration, with the additional
endorsement of "J.H. Crease, Cash." The defendant objected to the bill being
read in evidence, which being overruled by the court, he excepted, and
judgement having been rendered for the plaintiff (William H. Bizzell) the
defendant has prosecuted his writ of error to this court. If (J.H.) Crease
was the cashier of the Bank, his endorsement did not divest her legal
interest in the bill of exchange unless the endorsement was consummated by
delivery to the endorsee. If he (J.H. Crease) were not the cashier of the
Bank, but the person or agent from whom she received the bill, the
endorsement did not consitute a variance between the bill offered in
evidence, and that described in the declaration. Where all the endorsements
are in blank, the holder may make himself, at his pleasure, the immediate
endorsee of any one of them, or he my derive his title through them all in
succession. Judgement affirmed.
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Reports of Cases Argued and Determined in the Supreme Court of the State of
Arkansas, Volume VIII, January Term 1848. Little Rock: Woodruff Printing
Company. Reprint 1888.
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David Kelley 1997