Picket v. Hawes
Supreme Court of Iowa
Appeal from Chickasaw District Court. Action on a promissory note, of which the following is a copy: “$1,000.00. On demand, I promise to pay to William Picket the sum of one thousand dollars, with interest, at six per cent per annum. Yalue received. March 27th, 1857. John D. Hawes.” On the back of this note the defendant made the followindorsements: “D. P. Hawes.” “I will extend my name on the within note to March 27th, 1861. D. P. Hawes.”
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Appeal from Chickasaw District Court. Action on a promissory note, of which the following is a copy: “$1,000.00. On demand, I promise to pay to William Picket the sum of one thousand dollars, with interest, at six per cent per annum. Yalue received. March 27th, 1857. John D. Hawes.” On the back of this note the defendant made the followindorsements: “D. P. Hawes.” “I will extend my name on the within note to March 27th, 1861. D. P. Hawes.” Judgment for the plaintiff, and the defendant appeals. contended that the defendant is a guarantor and cannot be charged without notice of demand and…
1Opinion of the CourtBaldwin, C. J.
This suit is upon a non-negotiable promissory note given by John D. Hawes. to plaintiff, March 27th, 1857, payable on demand. This was indorsed in blank by defendant. On the 27th day of March, 1858, the following indorsement was made:
“I will extend my name on the within note to March 27th, 1861. D. P. Hawes.”
The plaintiff does not allege, nor did he on the trial prove, any diligence against the. maker, or demand and notice of non-payment to the defendant, or that the defendant was not prejudiced by the want of such notice. Upon the introduction of the note and the indorsement the Court…
2Cases cited5 opinions
- Peck v. FrinkSupreme Court of Iowa · 1859
- Sabin & Moon v. HarrisSupreme Court of Iowa · 1861
- Marvin v. AdamsonSupreme Court of Iowa · 1860
- Long v. SmyserSupreme Court of Iowa · 1856
- Knight v. Dunsmore & ChambersSupreme Court of Iowa · 1861