Crin. law, practice. When a warrant for the arrest of a person charged with a crime has been issued by a justice of the peace
of one county, which is to be executed in another county, it is necessary in some states, as in Pennsylvania, that it should be endorsed by a justice of the county where it is to be executed: this endorsement is called backing. (q. v.) ENDORSEMENT, contracts. In its most general acceptation, it is what is written on the back of an instrument of writing, and which has relation to it; as, for example, a receipt or acquittance on a bond; an assignment on a promissory note
2. Writing one's name on the back of a bill of exchange, or a promissory note payable to order, is what is usually called, an endorsement. It will be convenient to consider, 1. The form of an endorsement; and, 2. Its effect.
3. - 1. An endorsement is in full
, or in blank
. In full, when mention is made of the name of the endorsee; and in blank, when the name of the endorsee is not mentioned. Chitty on Bills, 170; 13 Serg. & Rawle, 315. A blank endorsement is made by writing the name of the endorser on the back; a writing or assignment on the face
of the note or bill would, however, be considered to have the force and effect of an endorsement. 16 East, R. 12. when an endorsement has been made in blank any after attempt to restrain the negotiability of the bill will be unavailing. 1 E.N. P. C. 180; 1 Bl. Rep. 295; Ham. on Parties 104.
4. Endorsements may also be restrictive conditional, or qualified. A restrictive endorsement
may restrain the negotiability of a bill, by using express words to that effect, as by indorsing it "payable to J. S. only," or by using other words clearly demonstrating his intention to do so. Dougl. 637. The endorser may also make his endorsement conditional, and if the condition be not performed, it will be invalid. 4 Taunt. Rep. 30. A qualified endorsement
is one which passes the property in the bill to the endorsee, but is made without responsibility to the endorser; 7 Taunt. R. 160; the words commonly used are, sans recours, without recourse. Chit. on Bills, 179; 3 Mass. 225; 12 Mass. 14, 15.
5. - 2. The effects of a regular endorsement
may be considered, 1. As between
the endorser and the endorsee. 2. Between the endorser and the acceptor. And, 3. Between the endorser and future parties to the bill.
6. - 1. An indorsment is sometimes an original engagement;as, when a man draws a bill payable
to his own order, and endorses it; mostly, however, it operates as an assignment, as when the bill is perfect, and the payee endorses it over to a third person. As an assignment, it carries with it all the rights which the endorsee had, with a guaranty of the solvency of the debtor. This guaranty is, nevertheless, upon condition that the holder will use due diligence
in making a demand of payment from the acceptor, and give notice of non-acceptance or non-payment. 13 Serg. Rawle, 311.
7.-2. As between the endorsee and the acceptor, the endorsement has the effect of giving to the former all the rights which the endorser had against the acceptor, and all other parties liable on the bill, and it is unnecessary that the acceptor or other party should signify his consent or knowledge of the endorsement; and if made before the bill is paid, it conveys all these rights without any set-off, as between the antecedent parties. Being thus fully invested
with all the rights in the bill, the endorsee may himself indorse it to another when he becomes responsible to all future patties as an endorser, as the others were to him.
8. - 3. The endorser becomes responsible by that act to all persons who may afterwards become party to the bill. Vide Chitty on Bills, ch. 4; 3 Kent, Com. 58; Vin. Abr. Endorsement; Com. Dig. Fait, E 2; 13 Serg. & Rawle, 311; Merl. R«pert. mot Endossement Pard. Droit Com. 344-357; 7 Verm. 356; 2 Dana, R. 90; 3 Dana, R. 407; 8 Wend. 600; 4 Verm. 11; 5 Harr. & John. 115; Bouv. Inst. Index, h. t.