This was an action on a bill of exchange, drawn by the defendant, and made payable to the plaintiff, who endorsed it to William Guthrie, or order. Two questions were submitted to this Court —
1...Whether the bill is negotiable by indorsement, not being payable to order ?
2...If it is, can the indorsement in full be struck out at the trial, and the action be supported in the name of the payee ?
The latter question only, was decided by the Court, whose opinion was delivered by
Cameron, J.
It has been already decided by this Court, in the case of Margaret Gittings v. Ward, that a full endorsement of a negotiable instrument maybe stricken out on the trial. — The correctness of this opinion is supported by the opinion of the Chief Justice of the United States, and the practice in the Court in which he presides. If the instrument be not negotiable, there surely can be no objection to striking out such indorsement.
Judgment for plaintiff.