Page:Black's Law Dictionary (Second Edition).djvu/627

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INDIVISUM

tire. Thus, a contract, covenant. consideration, etc., may he divisible or iudivisible; i. e., separable or entire.

INDIVISUM. Lat That which two or more persons bold in common “lthout partition; undivided.

INDORSAT. In old Scotch law. Indorsed. 2 Pltc. Grim. Tr. 4.1.

INDORSE. To write a name on the hack of a paper or document. Bills of exchange and promissory notes are iudorsed by a partys wi-illng his name on the back. Hartircll v. Heniuienway, 7 Pick. (Mass) 117.

“I_ndorse" is a technical term. having sufli-

cient legal certainty iiithout words of more particiiinr description. Brooks v. Edson. 7 Vt. 351.

INDORSEE. The person to whom a bill of exchange. promissory note, bill of lading, etc., is assigned by indolsement, giving him a right to sue thereon.

—Indox-see in due course. An lndorsee in nine course is one who, in good faith. in the orrliuary course of business, and for value. before its iippiireiit maturity or presumptive dishonor. and without knowledge of its actual dishonor. acquires a negotiable instrument diilv indorscd to him, or indorsed generally, or paysliic to the bearer. Civ. Code Cal. § 3129: iv. (‘ode C. D. 1903, § 2199; Civ. Code Ida I0 1901. § 2353; l\Iore v. Finger, 128 Cai. 313, (30 Pac. 933.

INDORSEMENT. The act of s payee, diauee. accommodation iudorser, or holder of a blli. note. check, or other negotiable instrument. in Writing his name upon the back of the same, with or without further or qualifying words, whereby the property in the Sflllll‘ ls asslziied and tr'1nsfer1‘ed to another.

That which is so written upon the back or a negotiahie Instrument

One who writes bls name upon a negotia- Ille instrument. otherwise than as a maker or acceptor, and delivers it, with his name thereon. to another person. is called an “in- ilnrsor,“ and his act is called “indnrsement." (Viv. Code Pal. § 3108; Clv. Code D-ik. § 1836.

--Accommodation index-sement. One made by a third person who puts his indorscment on [I note without any considciation, but merely for the benefit of the holder thereof or to enable the maker to obtain monev or credit on it. Iinloss otherwise explained. it is llnderstond to he a loan of the induis-cr's crmlit without re- ' ' Citizens’ Bank v. Pl:i|'t. I ‘i '\Iirh. 97 N. W. 604: Peale v. Aihlicks ’ . 34 At]. 201 ‘nzcus v Middleton. 118 Pa. 0-.-., 12 Atl. 566.—B1ank intlox-smnenlz. One made by the mere writing of the indorsei-‘s name on the hack of the note or bill, without inantion of the name of any person in whose favor the indorsement is made, but with the implied understanding that any lawful holder may Fili in his own name above the indorsement if lie so chooses. See Thornton v. Moody. '11 Me. Fcnllnns v. Rollins. 179 Mass. 3-16. (:0 _ . '3, 88 Au). St. Rep. 336; Malone V. Gone . 3 Neh. (Unof.) 710. 92 N. W. Conditional indnrsement. One by W cl indorser annexes some condition lother than Ihe failure of prior parties to pay) to his liabii- ity. The condition may be either precedent or

619

IS DUBITABLE PROOF

subsequent. 1 Daniel. Neg. Inst. § L‘-‘JT.—I‘ul]

ox-sement. One by which the indorser orders the money to be paid to some particular peisun by name; it ‘ffeis from a blank in- (lorscmcnt, vihich consists merely in the name of the indoi-ser writien on the back of the instrument. lSilpatr' k v. lleaton. 3 Br:-v. (S. C.) 92 Lee v. L‘bil' oilic Bianch of Stan- Bank, 15 Fed. Cas. 153.—I1reg-ulnr indox'sement. One made by :1 third person before de- iiveiy of the note to the payee; an i.ndorsement in blank by I1 third person above the name of the payee, or vshen the payee does not indorse at all. Carter v. Long. 125 Ala. BSO. 28 South. 7-1; Bank of Bellows Falls v. Dorset Marble Co.. 61 Vt. 106. 17 At] 43: l\letiopolitan Bank v. Mulier. 50 La. Ann. 1273. ‘.’r! South. 295. 69 Am. St. Rep. 4 —Qun.1ifi il indotnement. One which restrains or limits, or qualifies or enlarges, the liability of the indorser. in any manner different from viliat the law generally impuits as his tliie liability. dediicible from the nature of the instrument. Chitty, Bills. 261. A transfer of a bili of ex- change or promissory note to an indoisee, without any liabiiity to the i1]Ll0l‘SEl‘ The words usually employed for this purpose are “mu: rccnurs." without recourse. 1 Bouv. Inst. No. 113S.—Regn]az- indox-sement. An indorsemerit in blank by a third person under the name of the payee or after delivery of the note to him. Bank of Bellows Fails v. Dorsrt Mar- ble CO.. 01 Vt. 106. 17 A Restrictive index-sement. One wbicb at s the ni>g.oliii.- bility of the instrument, or wliizih) contains such 11 definite direction as to the payment as to preclude the indorsee from making any further transfer of the instrument. Drew v. Jaeur-k. G 1\'. C 138; Lee v. Chillicotbe l3l‘3l.lL'll Bank. 15 Fed. C.'is. 153: People's Bank v. Jefferson County Sav. Bank. 106 Ala. 524. 17 Smith. 725. 54 Am. St. Rep. 50. Defined by statute in some states as an indorsement which either prohibits the further negotiation of the iuslru- ment, or constitutes the indorsee the agent of the indorser, or vests the title in the indursee in trust for or to the use of some other nel"I0n. Negotiable Instruinonts Law N. D. E 30: ms’ Ann. St. Ohio 1904 § 31T2h.—Speei.n1 indor-sement. An indorsement in full, which specifically names the indorsee. .\ialoue v. Gamer. 3 Ncb. (Unofil 710. 92 1\'. W. 7%: Caioline Sav. Bank v. Florence Tobacco Cn.. 45 S. C. 373. 2-} S. E. 139 eeinl 1n.do1'sement of writ. In English pr-‘ictire. 'l'lie writ of summons in an action may. under Order iii. 0. he indorsed with the particulars of the amount sou_vlit to be recoicred in the action. after giving credit for any payment or set—oEE; and this special inilorsemnnt (as it is csiled) of the writ is applicable in all actions where the plaintiff seeks mere_lv to recover 8. debt or liquidated demand in money payable by the defendant, with or ivithniit _interest. arising upon I1 contr-ict._ express 01 implied. us, for instance. on a bili of_ (}X('l'IallP.'F. promissory note. check, or other simple contract debt, or on a bond or contract under seal for payment of a liquidated amount of monev. or on I1 statute where the sum sought to he recovered is B fixed sum of money or in the nature of u debt, or on a giiaranty, whether under seal or not. Brown.

INDORSER. He who hidorses; i. e., being the pa; ee or bolder, writes his name on the back of s bili of exehaiige. etc.

INDUBITABLE PROOF. Evidence which is not only found credible, but is of such weight and directness as to make out the facts alleged beyond a doubt. Hart v. Carroli, 85 Pa. 511: Jermyn v. McClure, 19'? Pa. 245, 45 Atl. 988,

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