Indorsement

“ In indorsing, especially, a man should be restrained by law, under pains and penalties, from indorsing to amounts exceeding one-half of his property; and no indorsement in excess of that amount should be allowed to constitute a legal claim. ”

“ As regards the right of a bon a fide holder of a bill to write over a blank indorsement, to whom the bill shall be paid, at any time before or after the institution of a suit against the indorser; it has long been the settled doctaine in the English and American courts; and the holder, by writing such direction over a blank indorsement, ordering the money to be paid to particular persons, does not become an indorser. ”

“ Properly construed, the indorsement is nothing more than a reference of the whole subject to the Secretary of the Treasury for his decision, and it is not pretended that the contract was ever in any respect or to any extent approved or ratified by the secretary. Even when regarded as a mere recommendation, it should be observed that the indorsement does not in any sense extend to the whole contract under which the services were performed. ”

“ The want of Stivers's indorsement is no objection to the title of the plaintiffs. They had a right to fill up the blank indorsement by an assignment to themselves, as they did. (A number of cases cited. 11 Pet., 81, &c.) ”

“ A cheque payable to order and a blank indorsement. [12] An authorised stamped indorsement is as good as a written one. Whether such indorsements are accepted or not depends upon the regulations of the clearing-house in the particular city in which they are offered for deposit. The written indorsement is considered safer for transmission of out-of-town collections. If you are indorsing for a company, or society, or corporation, write first the name of the company (this may be stamped on) and then your own name, followed by the word "Treas." ”

“ Authorities everywhere agree at the present time that a bona fide holder of a negotiable instrument for a valuable consideration, without notice of anything which impeaches its validity, if he takes it under an indorsement made before maturity, holds the title unaffected by any equities between the antecedent parties, even though as between them it may be without any legal validity. ”

“ The election came. Mr. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the indorsement. ”

“ The indorser of a bill of lading incurs no liability by his indorsement. His indorsement is simply a transfer. If it turns out that the bill of lading is not honored by the carrier, the holder of an indorsed bill of lading cannot come back on the indorser in the way that the holder of a promissory note can come back on the indorser if the maker fails to pay. ”

“ We deem it unnecessary to determine this question. That the presentation for discount by the maker of paper drawn to his own order, and bearing the indorsement of another party, does create a presumption that the indorsement is a matter of accommodation, is affirmed by the following, among other authorities: Bloom v. ”

“ If defendants acquired any interest in the paper, it was not by virtue of that indorsement, but by some course of dealing with Harris & Sons, or by some other matter outside of the indorsement. The character of this indorsement also takes the case out of the rule asserted in the first proposition embraced by the exception.
Perhaps no subject connected with commercial paper has been more the subject of controversy, and of opposing and well-balanced judicial decisions, than the proposition here relied on. ”

“ In the present case, the paper was transferred by an indorsement, imposing the ordinary liability upon the indorser. It may, perhaps, be distinguished from cases where the title to the paper is transferred by an indorsement without recourse, or by mere delivery. ”

“ In one instance he sends forward the recommendations of the man whom he does not prefer, with an indorsement emphasizing the importance of them, and adding: "From personal knowledge I consider Mr. Bond every way worthy of the office and qualified to fill it. ”

“ Such indorsement does not make a stock certificate a negotiable instrument, and the purchaser can acquire no better title than is possessed by the seller. Courts have held that the fact that a certificate of stock is not payable to bearer makes it non-negotiable. ”

“ This he hardly could be said to have obtained; though to be the choice of a plurality in the nation and then to be selected by so intelligent a body of constituents as the Representatives of the United States involved a peculiar sanction, yet nothing else could fully take the place of that national indorsement which he had coveted. When men publicly profess modest depreciation of their successes they are seldom believed; but in his private Diary Mr. ”

“ Equally unsatisfactory, as proof of what occurred in the territorial legislature, are the indorsements made by the chief clerks of the council and the house upon the original bill. The indorsements made by the chief clerk of the house are as follows: 'Introduced by Mr. Fish January 28th 1895; read 1st time; rules suspended; read 2d time by title ”

“ They are anxious that you should, in your speech and letter of acceptance, give as strong an endorsement to the civil service plank of the Democratic platform as your judgment may allow. I think myself that such an endorsement would make a very good impression upon the independent voters, especially if coupled with some reference to your former utterances upon that subject which some time ago I saw quoted in the New York Times. ”

“ It is in the power of the endorser to fix the jurisdiction, by making a special endorsement, as it is in the power of the drawer to escape the Federal jurisdiction by making the note payable to a citizen of the same State. ”

“ But in some way the country should be made to understand that you do not consider yourself under obligations to anybody, either for a vote in the Convention or support in the election; that people who support you have to do so for the country's sake and not your own; that in your opinion the duties of Government stand above all personal obligations; that those who inquire about your opinions concerning public measures and current events (an allusion to Grant's recent performances) should read your letter of acceptance ”

“ If respondents or their committees do desire to make a particular endorsement in the future, and a candidate wishes to include the endorsement in a voter pamphlet, the constitutionality of petitioners' refusal to publish the endorsement can be litigated in the context of a concrete dispute. ”

“ The President in assuming the duties of his office deems it proper to make to the people a frank statement of the views he entertains, the motives which animate him, and the aims he means to pursue. Here a direct reference to your letter of acceptance would be in order, designating it as a candid exposition of your principles put before the people at the beginning of the campaign, so that they might know what kind of a man they were called upon to vote for. ”

“ On the one hand we behold the group of political magnates, the bosses, the Senators and the Representatives, the party leaders—the dukes, the earls, and the barons of politics—doling out by way of favor their recommendations, which are usually equivalent to appointments, among the applicants for office who appear as petitioners before them, the favored petitioner to feel himself under constant obligation to the political magnate to whom he owes his place, knowing that he will be secure in his place only so long as that favor continues. ”

“ With all his sense of unworthiness, the candidate dares not set up his judgment against that of the honorable body which has named him, for the office of ——, and he therefore bows to their decision and gratefully accepts the [unexpected?] honor conferred upon him. Should the people—not for his sake, but for the sake of the cause represented—have the intelligence and good judgment [of which there is not a shadow of doubt?] to indorse the nomination, he will exert all the power he possesses, to faithfully fill the position their choice has bestowed upon him. ”

“ It would appear, on every principle of fairness and justice, that the more full and perfect the right of the policy-holder to participate in the election of trustees, the more stable and conservative will be the management. ”

“ Each candidate, a short time after his nomination, is expected to publish a letter of acceptance, in which he expresses his full confidence and belief in the platform which his party has adopted, discloses his views, and outlines what his future policy will be if he is elected. ”

“ Such a declaration, put forth not as a mere customary endorsement of the platform but as an expression of your own views of public necessity, a proclamation of your own resolution and purpose in language bold and ringing, would electrify the country and call to your banner the best elements of the people from far beyond the lines of the party. It would make you stronger than the party, which seems necessary to render success sure. ”

“ The appointing power is one of the most delicate with which the Executive is invested. I regard it as a sacred trust, to be exercised with the sole view of advancing the prosperity and happiness of the people. ”

“ Every person unable to take this oath was declared by the constitution incapable of holding in the state "any office of honor, trust, or profit under its authority, or of being an officer, councilman, director, or trustee, or other manager of any corporation, public or private, now existing or hereafter established by its authority, or of acting as a professor or teacher in any educational institution, or in any common or other school, or of holding any real estate or other property in trust for the use of any church, religious society, or congregation." ”

“ Suppose him to aim at the president's chair, or vice-president's, at the next election—or at the office of war, foreign or domestic affairs, will he not naturally be tempted to make use of his whole patronage, his whole influence, in advising to appointments, both with president and senators, to get such persons nominated, as wall exert themselves in elections of president, vice-president, senators, and house of representatives, to increase his interests, and promote his views? ”

“ If any man make an attack upon his reputation—for all men's reputations are of importance to them—I would defend him in some such way. When we vote for men in the solemn way in which we do, shall we abide by our covenants? ”

“ When one stands as our intercessor we are favored in proportion to his standing with the other party. When one seeks a favor at the hands of the chief executive of the nation, if he has no standing of his own, all depends on the standing of his advocate. If the one interceding for him stands high in the president's favor, and has great influence with him, his request is favorably considered on account of his advocate. ”

“ The other method is, if any one has an objection to your admission, that he should go at once in a manly way to one of your sponsors and state it. It is a rare occurrence in a New York club that any candidate is black-balled. The warning from the governing committee, or from another member to the sponsors, is a word to the wise, and the men who propose you should immediately withdraw your name to avoid a disaster. ”

“ Many believe that when an individual or association of individuals makes large contributions for the purpose of aiding candidates of political parties in winning the elections, they expect, and sometimes demand, and occasionally, at least, receive, consideration by the beneficiaries of their contributions which not infrequently is harmful to the general public interest. ”

“ And when it appears that the indorser is not in fact an assignee of the paper, suit may be brought in a Federal court by a holder having the requisite diverse citizenship, notwithstanding the indorser might have been a citizen of the same state with the defendant. ”

“ DEFINITION OF materially false.—For purposes of subparagraph (A) , a statement about an endorsement is ‘materially false’ if, with respect to an upcoming election described in paragraph (5) — “ (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and “ (ii) such person, political party, or organization has not endorsed the election of such candidate. ”

“ In the case of an endorser, with respect to whom greatest strictness is always exacted, it has been ruled that the holder of a bill is excused for not giving regular notice of dishonor to the endorser, of whose place of residence he is ignorant, if he use reasonable diligence to discover where the endorser may be found. ”

“ Although, as we have said, only a few members will have any direct personal interest in keeping out an applicant, the rest will not feel free to judge him regardless of the effect of his admission on his competitors. Each will know that the time may come when he will himself be faced with the application of a competitor. * * * A by-law which leaves it open to members to vote solely as their self-interest may dictate, disregards whatever public interest may exist.' 52 F.Supp. ”