Main v. Hilton

54 Cal. 110

• Court: California Supreme Court
• Decided: July 1, 1880
• Docket: No. 5,957
• Status: Published

Opinion

Department No. 1, by the Court (from the Bench):

We are convinced that § 3102 of the Civil Code is applicable to the facts of this case; the purpose of the statute being that the party who makes an instrument negotiable in form, payable to his own order, if he receives a valid consideration therefor, (which is alleged in this complaint and was proven at the trial) shall be estopped from asserting, as against one who brings an action upon the instrument, that he has not indorsed it; and that the rule applies as well where the instrument is payable to the maker and a third person, (in case it has been indorsed by such third person) as where it is made payable to the maker alone.

For these reasons the judgment is affirmed.