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Abstract

The payee assigned a note and mortgage to the plaintiff by separate paper. The plaintiff sued the payee under sec. 49, N. I. L. for indorsement and also for the balance due after foreclosing the mortgage. Held, the plaintiff was entitled to an unqualified indorsement and recovery in the absence of a contrary agreement. Parr v. Ft. Pierce Bank & Trust Co. (Fla. 1930) 130. So. 445.

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