Grinman v. Walker
Supreme Court of Iowa
Appeal from Lee District Court. Walker and Reeves made their negotiable prommissory note to one Mills, and he, with one Knight, indorsed and assigned the same to plaintiffs. This action is brought against all of them. The makers of the note make default. The indorsers answered, admitting the execution of the note, and the indorsement, but denying the protest, demand, and notice of non-payment.
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Appeal from Lee District Court. Walker and Reeves made their negotiable prommissory note to one Mills, and he, with one Knight, indorsed and assigned the same to plaintiffs. This action is brought against all of them. The makers of the note make default. The indorsers answered, admitting the execution of the note, and the indorsement, but denying the protest, demand, and notice of non-payment. Trial, verdict, and judgment for defendants, and plaintiff appeals. .For the material facts, see the opinion. I. The law merchant recognizes the customs observed among business men in the transaction of…
1Opinion of the CourtWright, C. J.
No exceptions were taken to the action *428of the court below in giving and refusing the instructions now complained of, and we therefore pass them without further notice.
Upon the trial it appeared that the defendants, Knight and Mills, were residents of the city of Keokuk, and that the notary directed notice of protest and non-payment to them through the post office; the note being payable, and protested in that city. Plaintiff then proposed to prove that said defendants did actually receive said notice on the day that they were entitled to the same. This testimony was objected to and the…
2Cases cited3 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Bridgeport Bank v. DyerSupreme Court of Connecticut · 1848
3Cited by3 opinions
- Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
- Fellows v. ErringtonSupreme Court of Iowa · 1919
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883