What are the rights of the holder of a bill that has not been endorsed?
Saskatchewan, Canada
The following excerpt is from Bank of Montreal v. Irvine & Feinstein, 1923 CanLII 224 (SK QB):
The rule at common law was that the assignment of a bill payable to a person or his order without endorsement, only gave the holder the same rights as he would acquire upon an assignment of a bill not negotiable. If by accident, mistake or fraud, a bill had been omitted to be endorsed, the transferee also acquired a right to have the transferor compelled in equity to make endorsement. See the judgment of Byles, J. in Harrop v. Fisher, 10 C.B. (N.S.) 196, 30 L.J.C.P. 286; Byles on Bills, 15th ed., p. 178.
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