Freeman v. O'Brien
Supreme Court of Iowa
Ajpjpeal from, Johnson Circunt Court. This action is brought on a promissory note, against William O’Brien as maker and Michael Cash as indorser thereof. The defendant Cash demurred to the petition. The court sustained the demurrer and plaintiff appeals. The further facts are stated in the opinion.
1Opinion of the Court
Miller, Oh. J.
— The note upon which suit is brought is negotiable. It is alleged that before the maturity thereof it was indorsed in blank by Michael Cash, the payee thereof, to the plaintiff, and that the indorser had notice of the dishonor of the same; that demand for payment was made and refused after the note matured, and that notice in writing of such demand was given to Cash about four years after the maturity of the note. It is further alleged in an amendment to the petition that plaintiff bought the note from Cash, paying him the full amount thereof; that at the time of the…
2Cases cited4 opinions
- Union Bank v. HydeSupreme Court of the United States · 1821
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- May v. CoffinMassachusetts Supreme Judicial Court · 1808
- Allen v. HarrahSupreme Court of Iowa · 1870
3Cited by8 opinions
- Laverty v. Sexton & SonSupreme Court of Iowa · 1875
- Bank of Montpelier v. Montpelier Lumber Co.Idaho Supreme Court · 1909
- Wall Investment Co. v. SchumacherSupreme Court of Missouri · 1939
- Isham v. McClureSupreme Court of Iowa · 1882
- Schierl v. BaumelWisconsin Supreme Court · 1889
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