Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
commercial law
To sign one's name on the back of a negotiable instrument in order to transfer rights or to assume liability for payment. The signature may be in blank or special form identifying the new holder.
2
Sense 1
1
commercial law
To sign one's name on the back of a negotiable instrument in order to transfer rights or to assume liability for payment. The signature may be in blank or special form identifying the new holder.
Examples3
Note Transferred in Securitization
Harbor Bank indorses and delivers the promissory note from Metro Threads to Riverfront Trust Company as trustee. The transfer carries the mortgage interest with it even though no separate mortgage assignment is recorded to the trustee.
Bill of Exchange in Interstate Sale
A Maine holder receives a bill of exchange accepted in New York and indorsed by the drawer. The holder sues the acceptor after discovering fraud in the underlying land transaction, but the bona fide status of the holder controls enforcement rights.
Sense 2
2
judicial ethics
To express public support or opposition toward a candidate for public office. The prohibition prevents judges from using their position to influence electoral outcomes.
Examples3
Judge Attends Campaign Rally
Judge Iris Irons attends a fundraising dinner for a mayoral candidate and publicly praises the candidate's platform. The judicial conduct commission investigates whether the statements violate the prohibition on public endorsements of candidates for office.
University Funds Student Publication
A state university denies funding to a student newspaper because its religious viewpoint might be viewed as an official endorsement. The denial is challenged as viewpoint discrimination under the First Amendment.
To express public support or opposition toward a candidate for public office. The prohibition prevents judges from using their position to influence electoral outcomes.
Each sense below has its own examples, sources, and questions.
Swift v. Tyson41 U.S. 1 (1842)
Attorney Work Product Dispute
An attorney indorses notes taken during witness interviews and claims they are protected work product. The opposing party seeks production, arguing the materials contain only factual statements rather than mental impressions.
Hickman v. Taylor329 U.S. 495, 507 (1949)
Frequently Asked3
Does indorsing a note automatically transfer the mortgage securing it?+
Yes. When the promissory note is indorsed and delivered, the mortgage follows the note as an incident of the debt unless the parties expressly agree to separate them.
What happens if a mortgage is assigned without indorsing the note?+
The assignee cannot foreclose because only a person entitled to enforce the underlying obligation may enforce the mortgage. A bare mortgage assignment without the note leaves the assignee without enforcement rights.
Does indorsement in blank make an instrument payable to bearer?+
Yes. An instrument payable to an identified person becomes payable to bearer when indorsed in blank.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Illegitimacy Classification Challenged
A state statute treats children born out of wedlock differently in inheritance matters. The classification is attacked as an unconstitutional endorsement of traditional family structures that burdens nonmarital children.
Trimble v. Gordon430 U.S. 762, 775 n.16 (1977)
Frequently Asked1
Can a judge indorse a candidate for judicial office?+
A judge may publicly endorse or oppose candidates only for the same judicial office for which the judge is running. Broader endorsements are prohibited.
410 U.S. 113 (1973)Constitutional Law
…insemination, and even artificial wombs.[^maj-62] In areas other than criminal abortion, the law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth or to accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent…