Hartwell v. McBeth ( 1834 )

A majority of the court refused the nonsuit, the chief justice dissenting. The majority agreed that a blank indorsement was sufficient to transfer the right of action to the indorsee, but while it remains in blank he may consider himself as a cestui que use, or servant, and the action may still be brought in the name of the indorser. If the indorser turns the blank indorsement into a special one, as he may do, the property in the note is then transferred to him, and he only could bring the action. Chitty on Bills, 174; Salk. 130; 12 Mod. 193; Selw. N. P. 331-2.

Treating this as an action between the original parties to the note, the coui’t permitted evidence to be given of a want or failure of the consideration, and the plff. finally submitted to a nonsuit. Chitty on Bills, 91.