Develing v. Ferris
Ohio Supreme Court
This is a writ of error to the Superior Court of Cincinnati. The original action was assumpsit, the declaration containing the common counts. The case was submitted to the court, issue having been joined upon a plea of the general issue. Upon hearing the evidence offered by the plaintiff, the court, on motion of defendant, directed a judgment of nonsuit, whereupon the plaintiff tendered a bill of 'exceptions, which was allowed by the court and made part of the record.
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This is a writ of error to the Superior Court of Cincinnati. The original action was assumpsit, the declaration containing the common counts. The case was submitted to the court, issue having been joined upon a plea of the general issue. Upon hearing the evidence offered by the plaintiff, the court, on motion of defendant, directed a judgment of nonsuit, whereupon the plaintiff tendered a bill of 'exceptions, which was allowed by the court and made part of the record. The bill of exceptions is as follows: “ Be it remembered, that on the trial of the cause above men* tioned, at the term of…
1Opinion of the Court
Hitchcock, G. J.
The original action was by the indor see of a promissory note against the indorser. It does not appear that any demand of payment was made of the maker of the note, and notice of non-payment given to the indorser. If such demand was made, it was probably not made in time to charge the indorser.
The simple question raised by the plaintiff is, whether un der the circumstances of the case, he was not excused from proving demand upon the maker, and notice to the indorser of non-payment.
*179There is no controversy as to the general rule applicable to cases of this character. The…
2Cases cited2 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
3Cited by2 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Fremont Ferry & Bridge Co. v. Board of County CommissionersNebraska Supreme Court · 1877