____________________________________________________________________________ William H. Bizzell vs. The Bank of the State An endorsement without delivery does not divest the legal interest of the holder of a bill; both are unnecessary. Where endorsements are in blank, the holder may make himself the immediate endorsee of any one of them, or he may derive his title through all in succession. Writ of Error to Pulaski Circuit Court. The facts are stated by the court. Ringo & Trapnell, for the Plaintiff (William H. Bizzell). Lincon, contra. J. Oldham. This was an action of assumpsit, brought by the Bank against (William H.) Bizzell, in the Pulaski Circuit Court, upon a bill of exchange for eleven hundred dollars, drawn by Seldon Tryon, in favor of Ezra Crowell upon, and accepted by (William H.) Bizzell, on the 15th December, 1840, and payable three months after date, at the Union Bank of Louisiana, in New Orleans. The declaration avers that (Ezra) Crowell endorsed the bill to Alvin McDonald, who then endorsed the same to the plaintiff (William H. Bizzell). The defendant pleaded non assumpsit. Upon the trial the plaintiff (William H. Bizzell) introduced, and offered in evidence, a bill of exchange, similar to that described in the declaration, with the additional endorsement of "J.H. Crease, Cash." The defendant objected to the bill being read in evidence, which being overruled by the court, he excepted, and judgement having been rendered for the plaintiff (William H. Bizzell) the defendant has prosecuted his writ of error to this court. If (J.H.) Crease was the cashier of the Bank, his endorsement did not divest her legal interest in the bill of exchange unless the endorsement was consummated by delivery to the endorsee. If he (J.H. Crease) were not the cashier of the Bank, but the person or agent from whom she received the bill, the endorsement did not consitute a variance between the bill offered in evidence, and that described in the declaration. Where all the endorsements are in blank, the holder may make himself, at his pleasure, the immediate endorsee of any one of them, or he my derive his title through them all in succession. Judgement affirmed. ____________________________________________________________________________ Reports of Cases Argued and Determined in the Supreme Court of the State of Arkansas, Volume VIII, January Term 1848. Little Rock: Woodruff Printing Company. Reprint 1888. ____________________________________________________________________________ David Kelley 1997