Peck v. Frink
Supreme Court of Iowa
Appccil from Buchanan District Court. JOHN Hill made Ms two promissory notes to the defendant Frink. One of them was payable to Frink or bearer, and upon the back of it he wrote and signed the following: “I guaranty the collection of the witMn at maturity.” The other note contained no words of negotiability and had on the back of it this indorsement: “ I guaranty the within at maturity.”
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Appccil from Buchanan District Court. JOHN Hill made Ms two promissory notes to the defendant Frink. One of them was payable to Frink or bearer, and upon the back of it he wrote and signed the following: “I guaranty the collection of the witMn at maturity.” The other note contained no words of negotiability and had on the back of it this indorsement: “ I guaranty the within at maturity.” To the petition there was a demurrer, for the reason that it did not show diligence to collect the note of the maker, nor excuse therefor, and that it did not aver notice of non-payment. This was overruled,…
1Opinion of the Court
"Wbiguit, C. J.
The question made is, whether in this State, the undertaking of the payee, as shown in the statement, made him liable absolutely.
As to the second note, as it contains no words of negotiability, we are of the opinion that he is liable, without demand on the maker and notice of the dishonor, and without reference to the question of detriment, or proof of due diligence in the institution and prosecution of a suit against the maker. This view is sustained by the following cases: Wilson v. Ralph el al., 3 Iowa 450; Smyser v. Hawthorn & Long, Ib. 266 ; Hall v. Monohon, 6 Ib. 216;…
2Cases cited11 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Allen v. RightmereNew York Supreme Court · 1823
- Moakley v. RiggsNew York Supreme Court · 1821
- Hough v. GrayNew York Supreme Court · 1838
- M'Doal v. YeomansSupreme Court of Pennsylvania · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bosman v. AkeleyMichigan Supreme Court · 1878
- Huff v. SlifeNebraska Supreme Court · 1889
- Schaffer v. AcklinSupreme Court of Iowa · 1928
- Sabin & Moon v. HarrisSupreme Court of Iowa · 1861
- Voorhies v. AtleeSupreme Court of Iowa · 1870
3 more not listed; retrieve them via the Exa API.