Thompson v. Williams
California Supreme Court
Appeal from the Eleventh District. The note sued on was assigned by the indorser to plaintiff three days before the notice. The case was tried by the Court. Plaintiff had judgment, and Borland, the indorser, appeals.
1Opinion of the CourtCope, J.
This is an action on a promissory note by the holder against the maker and indorser. The note is dated January 5th, 1857, and by its terms, became due on the following day. On the 26th of Movember, 1858, it was indorsed by the payee to the present holder, who, on the 29th of the same month, demanded payment of the maker, and on the same day, verbally notified the indorser of such demand, and that he would be held upon his indorsement. The question is as to the sufficiency of this notice.
Mr. Justice Story, in his work on Promissory Motes, (Section 348,) in speaking of the form of the notice of…
2Cases cited2 opinions
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- Stanley v. McElrathCalifornia Supreme Court · 1890
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