Main v. Hilton
Before: Bench, Department, From
Synopsis
Negotiable Instrument—Under § 3102 Civil Code, a negotiable instrument made payable to the order of the maker, if issued for valid consideration without indorsement, has the same effect against him as if payable to the bearer; and the rule applies as well where the instrument is payable to the maker and a third person, (if indorsed by such third person) as where it is made payable to the maker alone.
Department No. 1, by the Court (from the Bench): We are convinced that § 3102 of the Civil Code is applicable to the facts of this case; the purpose of the statute being that the party who makes an instrument negotiable in form, payable to his own order, if he receives a valid consideration therefor, (which is alleged in this complaint and was proven at [111]the trial) shall be estopped from asserting, as against one who brings an action upon the instrument, that he has not indorsed it; and that the rule applies as well where the instrument is payable to the maker and a third person, (in case it has been indorsed by such third person) as where it is made payable to the maker alone.
For these reasons the judgment is affirmed.
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