Page:Federal Reporter, 1st Series, Volume 10.djvu/465

LANNING V. LOCKETT. e53 �tbc maker of a negotiable note is to pay it to whomsoever may be the legal holder, and that the local law of Georgia cannot be applied to this case so as to shut off the defence made by this plea. �Eeskine, D. J., (charging jury.) This note is indorsed to the plain- tiff by the cashier of the Macon Bank & Trust Company, It is the usual course that the cashier of a bank bas power to indorse nego- tiable instruments belonging to the bank. The presumption is that he bas the right and authority to make such indorsements, in the absence of any evidence that the regulations of the bank have limited 1 1 abrogated this authority. �The evidence is that the cashier delivered to Mr. Eoberts, the pres- ident of the bank, and that Eoberts gave him therefor his check on the Exchange Bank for $3,000, about 50 per cent, of the face of the note, and that this check still remains in the possession of the Macon Bank & Trust Company. This check bas not yet been paid, but the liability of Roberts is the same, and if be gave the check bona fide for the note it was a payment therefor. �The note is presented to you by counsel for the plaintiflF. This makes out for the plaintiff a prima facie case. There is no evidence showing that the plaintiff ever had the actual possession of the note. This was not necessary, if it was indorsed to her bona fide, and she was aware of it, as a collateral security for a pre-existing debt of Eoberts to her. If thus indorsed to her, she obtained as good a title as if she had purchased it. �No party can obtain the right to sue in the United States courts by a device, or colorable transfer. If the plaintiff bas no title to the note, we will find for defendant on this issue. You will inquire whether the prima facie case of the plaintiff bas been overcome by any evidence that the transfer to her was not hona fide. If it was hona fide, she bas the right' to sue, although Roberts indorsed it to her for the purpose of giving fehe court jurisdiction by enabling her to maintain the suit. �Verdict for the plaintiff. ��� �