Bills and Notes - Negotiability of Note Lacking strongEndorsementstrong of.pdfVIP

Louisiana Law R eview Volume 25 | Number 4 J une 1965 Bills and Notes - Negotiability of Note Lacking Endorsement of Special Endorsee A. L . Wright Repository Citation A. L . Wright, Bills and Notes - Nego tiability of N ote Lacking E ndorsement of Sp ecial Endorsee, 25 La. L. Rev. (1965) Available at : http:// /lalrev/vol25/iss4/7 This Note is brought to you for free and open access by the Law R eviews and Journals at DigitalCommons @ LSU Law Center. It has been accepted for inclusion in Louisiana Law R eview by an authorized administrator of DigitalCommons @ LSU Law Center. For more information, please contact sarah.buras@. NOTES BILLS AND NOTES- NEGOTIABILITY OF NOTE LACKING ENDORSEMENT OF SPECIAL ENDORSEE Defendant and his son executed a promissory note made payable to themselves, endorsed the note in blank and deliv- ered it to plaintiff to represent the balance due on an auto- mobile purchased by the son. Plaintiff negotiated the note to General Motors Acceptance Corporation by special endorsement. GMAC subsequently returned the note to plaintiff without en- dorsement, and plaintiff obtained judgment against the son.1 Enforcement of the judgment left a deficiency remaining, and plaintiff sought to collect the deficiency from defendant. De- fendant urged, among other defenses, that plaintiff had no interest in the note, since it had not been endorsed by GMAC when plaintiff reacquired it. The district court rendered judg- ment for the plaintiff, and defendant appealed. The First Cir- cuit Court of Appeal affirmed. Held, endorsement in blank of a note made payable to the order of the maker converts t