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Williams v. Dyer

Williams and Another v. Dyer and Another

Williams v. Dyer, 5 Blackf. 160 (1839)
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Court
Indiana Supreme Court · State Highest Courts
Decided
June 4, 1839
Judges
Blackford
Citations
5 Blackf. 1601839 Ind. LEXIS 67
Headnotes
The payee’s possession of a note is prima facie evidence that it is his, though there be on the note his special indorsement of it to a third person.
Summary
ERROR to the Marshall Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Blackford

Text extracted by OCR from a scanned original; check the original for exact wording.

Blackford, J.

Edwin Dyer and David B. Freeman, trading under the firm of Dyer fy Freeman, brought an action of debt against the makers of a promissory note. Plea, nil debent. The note was payable to the plaintiffs, and had on it the following indorsements, viz., “ Pay to Edwin Dyer the within note. Value received. Dec. 17, 1835. —D. B. Freeman.” “Jan. 7, 1836. Edwin Dyer.” An objection was made to the note as evidence, in consequence of the indorsements; but the objection was overruled. Judgment for the plaintiffs.

The only question in the cause is, whether the indorsements on the note rendered it inadmissible evidence, in an action by the plaintiffs ? ,

We shall not examine into the validity of the indorsements; for, admitting them to be valid, the question we have stated must be answered in the negative.

The possession of the nqte by the payees is prima facie evidence that they are the owners of it, although there may be on the note a special indorsement of it by them to a third person. Dugan v. The United States, 3 Wheat. 172 .— Picquet v. Curtis, 1 Sumner, 478. —Hanna v. Pegg, 1 Blackf. 181. —Harris et al. v. Smith, 4 id. 550. —Dodd v. Noble, ante, p. 30.

Per Curiam.

The judgment is affirmed, with 6 per cent. damages and costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1856–1857: 11860–1861: 11892–1893: 118562026peak 1856 · 1

Relies on it most ⓘ

  1. Taylor v. Hearn31 N.E. 201 (Ind. 1892)
  2. Mendenhall v. Banks16 Ind. 284 (1861)
  3. Lemon v. Temple7 Ind. 556 (1856)

Most recent

  1. Taylor v. Hearn31 N.E. 201 (Ind. 1892)
  2. Mendenhall v. Banks16 Ind. 284 (1861)
  3. Lemon v. Temple7 Ind. 556 (1856)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Dugan v. United States, 16 U.S. (3 Wheat.) 172 (1818) 103
Hanna v. Pegg, 1 Blackf. 181 (1822) 13

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