Whitely v. Allen
Supreme Court of Iowa
Appeal from Taylor Circuit Court. Action upon a promissory note. The suit was commenced before a justice of the peace, and it was averred in the petition that one Wilt executed the note to the defendant Allen, and afterwards, and before the maturity of the note, Allen indorsed it to one Houck, and that Houck indorsed it to the plaintiff: that at the time of the execution of said note Wilt, the maker thereof, resided in Taylor county, in this State, but that before it became…
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Appeal from Taylor Circuit Court. Action upon a promissory note. The suit was commenced before a justice of the peace, and it was averred in the petition that one Wilt executed the note to the defendant Allen, and afterwards, and before the maturity of the note, Allen indorsed it to one Houck, and that Houck indorsed it to the plaintiff: that at the time of the execution of said note Wilt, the maker thereof, resided in Taylor county, in this State, but that before it became due said Wilt removed his residence and place of business out of the State, and has ever since so resided, “stating at…
1Opinion of the CourtEothrook, J.
The promissoiy note which is the foundation of the action is negotiable, and in the usual form. The indorsement by Allen; the defendant, is as follows: “Pay E. Houck, without notice.”
It is not claimed by the plaintiff that a demand was waived by the indorsement. It seems to be conceded that a waiver of notice does not excuse a demand, and such appears to be the law. Voorhies v. Atlee, 29 Iowa, 49, ancf authorities there-cited.
x. promissory “tintorera1?7 demand. The amount in controversy being less than $100, we are required by the certificate of the trial judge to determine the single…
2Cases cited1 opinion
- Voorhies v. AtleeSupreme Court of Iowa · 1870
3Cited by2 opinions
- Gilpin v. SavageNew York Supreme Court · 1908
- Leonard v. OlsonSupreme Court of Iowa · 1896