not alter property rights, even in favor of innocent
purchasers, when the owner did not intend to part
therewith. A moment’s recollection of what
is now perhaps the most familiar of Teutonic saga
to the ordinary reader, the text of Wagner’s
“Ring of the Nibelung,” will give ample
evidence of that mental attitude. But the Oriental
mind was far more subtile. To the Jews or Lombards
we owe the discovery of that bill of exchange—the
first of negotiable instruments, and the first historically
to bring into our law the legal concept of a symbol
of ownership which might be instantly transferred
with an absolute change of title in the property thereby
represented, and this either to a present transferee
or to one far away. Thus, a simple bill of exchange
might transfer the ownership in a pile of gold in
a moment from a man in Venice to a man in London,
thereby (if the law-merchant was respected) freeing
the treasure itself from attack at the hands of the
Venetian authorities. And not only was this change
of ownership instantaneously effected by the transfer
of some symbol or document representing it, but there
also, and as a necessary part of the invention, grew
up the doctrine that the transferee was relieved of
any claims against the property at the hands of the
previous owner. This is what we mean by negotiable;
and it is essential that the precise meaning of the
word should be understood if we are to understand
the importance of this legislation. Even most
business men have a very vague understanding of the
difference between negotiable and assignable.
Substantially all property and choses in action are
assignable, except personal contracts; and in ordinary
business many of them are assumed to be negotiable,
such as bills of lading, warehouse receipts, trust
receipts, or certificates of stock. Most brokers,
or even bankers, assume that when they have a stock
certificate duly endorsed to them by the owner mentioned
on its face they have an absolute and unimpeachable
title to the stock therein represented. Such,
of course, is not the case except for recent statutes
in a few States. To take a familiar example,
and I can think of none better to show exactly the
difference between a personal contract non-assignable,
a document which is assignable, and one which is negotiable—a
Harvard-Yale foot-ball ticket. If the ticket
is issued by the management to a person under his
name, with a condition that it shall be used by no
one else, it is a contract non-assignable. If
it is issued to him in the same manner, but with no
provision against assignment or the use by another
person, it would entitle such other person to whom
the ticket was given to use the seat, but only under
the title of the original holder; and if the assignment
was later forbidden, or for other reasons the right
recalled by the management, the holder would have
no greater title to the seat; the contract is assignable,
but not negotiable. The assignee takes it merely