Majority
p. 27Waggoner vs. Colvin.
Headnote
In an action by the endorsee of a note against his immediate endorser, a plea that before the commencement of the suit the plaintiff transferred the note to a third person, who since then had been and continued to be the true atid lawful owner and possessor of the note, is a bar to a recovery.
p. 29
It seems that a replication that the suit is prosecuted in the name of the plaintiff, by or for the benefit of the true holder of the note, would be a good answer to such plea.
Demurrer to plea. The plaintiff declared as the endorsee of a promissory ' note against his immediate endorser. The defendant pleaded, that before the commencement of the suit, *to wit, on, <fcc at, &c. the plaintiff endorsed the note to J. Stilwell and two other persons, and delivered the note to them, who from that time, were the true and lawful owners and, possessors of the note. To this plea the plaintiff demurred.
A. Taber, for the defendant.
M. T. Reynolds, for the plaintiff.
By the Court,
The plea is good. It shows the legal title of the note to have been transferred by endorsement to Stilwell and the other persons named in the plea. If the suit was brought by them in the name of the plaintiff, or for their benefit, that fact should be replied, and it will be a good answer to the plea. 15 Johns. Rep. 247 . 20 id. 367 . 7 Cowen, 176.
Judgment for defendant.