Question 154. - A drew a draft on B, which was payable to order of Bank of Nova Scotia, Kentville, N.S. B accepted it, but dishonoured the draft by non-payment at maturity. Without endorsing the draft, I handed it to a lawyer to sue. He returned it, demanding that we endorse it first, so that he could sue in A's name. Was it necessary for us to endorse it before he could bring action against B in A's name?

Answer. - If the draft was made payable to the bank merely for convenience of collection, it is possible A could sue in his own name upon the true situation being explained to the Court, but as B on payment is entitled to a proper discharge from the parties to the draft, the simplest course would be for the bank to endorse "without recourse."