Blake v. McMillen
Supreme Court of Iowa
Appeal from, Cerro Qoi'do Disi/rict Court. Indorser’s liability : presentment to joint maker.— Action by indorsee against indorsers of a negotiable promissory note. The note was executed in Iowa by Daniel Van Patte^ and W. Y'. Harding as joint makers, but not as partners. It was made payable to the order of the defendant, who, before maturity, indorsed it to the plaintiff.
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Appeal from, Cerro Qoi'do Disi/rict Court. Indorser’s liability : presentment to joint maker.— Action by indorsee against indorsers of a negotiable promissory note. The note was executed in Iowa by Daniel Van Patte^ and W. Y'. Harding as joint makers, but not as partners. It was made payable to the order of the defendant, who, before maturity, indorsed it to the plaintiff. It is alleged in the petition that Van Pattee, one of the maters, prior to the maturity of the note, died; that it was duly presented to the other maker (Harding), was dishonored, and notice given to defendant. Answer in…
1Opinion of the CourtDillon, J.
1. Bills and notes negotiable : presentmentto joint makers. -This judgment must be reversed. The defendant was sued as an ordinary indorser, and sought to be charged as such. His contract as . ^ .at indorser, was that lie would pay, if the ' x *J makers of the note should upon due demand A refuse to pay, and he should he duly notified of the dishonor. His contract was not that he would thus pay if demand should be made of part of the makers only. If it be admitted, as was claimed by plaintiff, that the death of one of the makers would excuse demand upon his personal representative, surely the…
2Cited by5 opinions
- Witte v. BrozNebraska Supreme Court · 1923
- Blake v. McMillenSupreme Court of Iowa · 1871
- Bank of Red Oak v. OrvisSupreme Court of Iowa · 1875
- Closz & Mickelson v. MiracleSupreme Court of Iowa · 1897
- Luning v. WiseCalifornia Supreme Court · 1883