A. L. Berry Coal Company, Defendant in Error, v. R. B. Harder, Plaintiff in Error.

Gen. No. 20,248.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed March 23, 1915.

Statement of the Case.

Action by A. L. Berry Coal Company, a corporation, plaintiff, against R. B. Harder, defendant, on a promissory note made by defendant payable to the order of *85A. L. Berry. The note had been negotiated by the payee, thereafter was renegotiated to him, whereupon he erased the intervening indorsements and negotiated it to plaintiff.

Abstract of the Decision.

1. Bills and notes, § 322 * —when payee may erase indorsements and renegotiate note. Where a note which has been negotiated by the payee is negotiated back to him, he may erase the intervening indorsements and renegotiate the note, and it is no defense, in an action against the maker, that one of the intervening indorsees was a foreign corporation not licensed to do business in the State.

2. Bills and notes, § 443*—when evidence insufficient to show want of consideration, etc. Evidence examined and held insufficient to establish want of legal title, want of consideration and fraudulent organization of plaintiff.

To reverse a judgment for plaintiff, defendant prosecutes this writ of error.

Edward R. Hartigan, for plaintiff in error.

No appearance for defendant in error.