This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 461.— (1) Is the maker of a note which is overdue protected in the payment of the same, to any one presenting it, upon having note delivered up to him without the endorsement of the payee?
(2) Can such possessor of a note (the note not having been endorsed over to him by payee, he could not, I take it, be considered the holder in law), be he Tom, Dick or Harry, enforce payment by suit against the maker without obtaining the payee's endorsement?
Answer.—The question involved in each case is whether the party in possession of the note is the owner of the claim which it represents. He might become so by an assignment as well as by an endorsement, but unless he is able to show a good title to the note, he has no right to collect it or sue the maker, and if, as a matter of fact, he has not a good title, the maker would not be protected against the true owner if he paid the note.