A System of the Laws of the State of Connecticut in Six Books volume 2

Zephaniah Swift

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2Vern. 418.
1-55 CF ASSU?. :r3IT. I Gt the abilUy of the promilTor to pay — but where there is a fpcjrkl conrradt between the parties refpefting the nature of the afftgn- ( ^nent, «r the warranty, it is ufual to fpccify it. If it be a bare af- fignment wirliont the rift[ne of the indorfor — then the indorfement i Hioiild contain only a power to fue and colleA and convert to the j u{e of the indorfce, exprcfslv excludir. G a warranty. Kor an in- ■' ■dorfement for vah^. E received, with the power... of coKeftion, and ] converfion to the uft: of the indorfee^ will by im^ilication of law raife a warranty.
But where a complete a^TignrriPnt of the note with warranty is intended, it is the ufual pra-ftice to make the indnrfcuient in blank. The operation of a blank indorfement is, that the indorfee has a le- gal right to fill it up; or write over the name of theindorfor, the . Ftrongeft contraft againft h'ua which the nature of the cafe will j admit. It is a contract that the indorfor v/iil permit, and authorifc I the indorfee to commence an action on the note, in the name of the ; indorfor and purfue it to final judgment without any int.

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