KFLCC Kingdom Law 2nd Ed.

619

INDUBITABLE PROOF

INDIYISUM

subsequent. 1 Daniel, Neg. Inst. § 697.— Full indorsement. One by which the indorser orders the money to be paid to some particular person by name; it difters from a blank in dorsement, which consists merely in the name of the indorser written on the back of the instrument. Kilpatrick v. Heaton, 3 Brev. (S. C.) 92; Lee v. Chillicothe Branch of State Bank, 15 Fed. Cas. 153.— Irregular indorse ment. One made by a third person before de livery of the note to the payee; an indorse ment in blank by a third person above the name of the payee, or when the payee does not in dorse at all. Carter v. Long, 125 Ala; 280, 28 South. 74; Bank of Bellows Falls v. Dorset Marble Co., 61 Vt. 106, 17 Atl. 43; Metropoli tan Bank v. Muller, 50 La. Ann. 1278, 24 South. 295, 69 Am. St Rep. 475.— Qualified indorsement. One which restrains or limits, or qualifies or enlarges, the liability of the in dorser, in any manner different from what the law generally imports as his true liability, de ducible from the nature of the instrument Chitty, Bills, 261. A transfer of a bill of ex change or promissory note to an indorsee, with out any liability to the indorser. The words usually employed for this purpose are "sans recours," without recourse. 1 Bouv. Inst. No. 1138.— Regular indorsement. An indorse ment in blank by a third person under the name of the payee or after delivery of the note to him. Bank of Bellows Falls v. Dorset Mar ble Co., 61 Vt 106, 17 Atl. 42.— Restrictive indorsement. One which stops the negotia bility of the instrument, or which contains such a definite direction as to the payment as to preclude the indorsee from making any further transfer of the instrument. Drew v. Jacock, 6 N. C. 138; Lee v. Chillicothe Branch Bank, 15 Fed. Cas. 153; People's Bank v. Jefferson County Sav. Bank, 106 Ala. 524, 17 South. 728, 54 Am. St. Rep. 59. Defined by statute in some states as an indorsement which either prohibits the further negotiation of the instru ment, or constitutes the indorsee the agent of the indorser, or vests the title in the indorsee in trust for or to the use of some other person. Negotiable Instruments Law N. D. § 36; Bates' Ann. St. Ohio 1904, § 3172A.— Special in dorsement. An indorsement in full, which specifically names the indorsee. Malone v. Garver, 3 Neb. (Unof.) 710, 92 N. W. 726; Carolina Sav. Bank v. Florence Tobacco Co., 45 S. C. 373, 23 S. E. 139.— Special indorse ment of writ. In English practice. The writ of summons in an action may, under Or der iii. 6, be indorsed with the particulars of the amount sought to be recovered in the action, after giving credit for any payment or set-off; and this special indorsement (as it is called) of the writ is applicable in all ac tions where the plaintiff seeks merely to re cover a debt or liquidated demand in money payable by the defendant, with or without in terest, arising upon a contract, express or im plied, as, for instance, on a bill of exchange, promissory note, check, or other simple con tract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt, on on a guaranty, whether under seal or not. Brown. INDORSER. He who indorses; i. e., be ing the payee or holder, writes his name on the back of a bill of exchange, etc. Evidence which is not only found credible, but is of such weight and directness as to make out the facts alleged beyond a doubt. Hart v. Carroll, 85 Pa. 511; Jermyn v. McClure, 195 Pa. 245, 45 Atl. 938. INDUBITABLE PROOF.

tire. Thus, a contract, covenant, considera tion, etc, may be divisible or indivisible; i. e., separable or entire. Lat. That which two or more persons hold in common without par tition ; undivided. INDIVISUM.

INDORSAT.

in old Scotch law.

In

dorsed. 2 Pitc. Crim. Tr. 41.

INDORSE. To write a name on the back of a paper or document Bills of exchange and promissory notes are indorsed by a par ty's writing his name on the back. Hart well v. Hemmenway, 7 Pick. (Mass.) 117. "Indorse" is a technical term, having suffi cient legal certainty without words of more par ticular description. Brooks v. Edson, 7 Vt 351. The person to whom a bill of exchange, promissory note, bill of lad ing, etc., is assigned by indorsement, giving An indorsee in due course is one who, in good faith, in the or dinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowledge of its actual dishonor, acquires a negotiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer. Civ. Code Cal. § 3123; Civ. Code S. D. 1903, § 2199; Civ. Code Idaho 1901, § 2883; More v. Finger, 128 Cal. 313, 60 Pac. 933. The act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable in strument, in writing his name upon the back of the same, with or without further or qual ifying words, whereby the property in the same is assigned and transferred to another. That which is so written upon the back of a negotiable instrument. One who writes his name upon a negotia ble Instrument, otherwise than as a maker or acceptor, and delivers it, with his name thereon, to another person, is called an "in dorser," and his act is called "indorsement." Civ. Code Cal. § 3108; Civ. Code Dak. § 1836. — Accommodation indorsement. One made by a third person who puts his indorsement on a note without any consideration, but merely for the benefit of the holder thereof or to enable the maker to obtain money or credit on it. Unless otherwise explained, it is understood to be a loan of the indorser's credit without re striction. Citizens' Bank v. Piatt. 135 Mich. 267, 97 N. W. 694; Peale v. Addicks, 174 Pa. 543, 34 Atl. 201; Cozens v. Middleton, 118 Pa. 622, 12 Atl. 566.— Blank indorsement. One made by the mere writing of the indorser's name on the back of the note or bill, without men tion of the name of any person in whose favor the indorsement is made, but with the implied understanding that any lawful holder may fill in his own name above the indorsement if he so chooses. See Thornton v. Moody, 11 Me. 256; Scollans v. Rollins, 179 Mass. 346, 60 N. E. 983, 88 Am. St. Rep. 386; Malone v. Garver, 3 Neb. (Unof.) 710, 92 N. W. 726.— Conditional indorsement. One by which the indorser annexes some condition (other than the failure of prior parties to pay) to his liabil ity. The condition may be either precedent or INDORSEE. him a right to sue thereon. — Indorsee in. due course. INDORSEMENT.