Mair v. Forbes
Before: Beatty
Synopsis
Negotiable Instruments—Bona Fide Holders—Complaint.—An answer in an action by one claiming to be a bona fide indorsee for value before maturity of a bill of exchange drawn on and accepted by defendants’ testator, denying on information and belief that the drawer of the bill ever transferred it to plaintiff by indorsement or otherwise, as alleged in the complaint, that it was ever delivered to plaintiff, that he paid any value therefor, or that he was ever the bona fide holder or owner thereof, puts in issue plaintiff’s title to the bill, and it is error to render judgment in his favor without proof of title.
BEATTY, C. J. Action upon bill of exchange against executors of deceased acceptor. The pleadings are verified. Judgment was rendered in favor of the plaintiff on the pleadings, defendants excepting. We think the answer was sufficient to raise an issue as to the ownership of the bill, and consequently that the rendition of the judgment without any proof of plaintiff’s title was error. Judgment reversed, and cause remanded.
We concur: Works, J.; Paterson, J.
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