Franklin v. Browning
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. In his complaint the plaintiff (defendant in error) alleged that the defendant (plaintiff in error) on April 27, 1895, being indebted to him in the sum of $480, in satisfaction thereof transferred to him two promissory notes, the payment of which he “guarantied absolutely.”
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In Error to the United States Court of Appeals in the Indian Territory. In his complaint the plaintiff (defendant in error) alleged that the defendant (plaintiff in error) on April 27, 1895, being indebted to him in the sum of $480, in satisfaction thereof transferred to him two promissory notes, the payment of which he “guarantied absolutely.” One of said notes was as follows: “$380. Vinita, I. T., April 1, 1895. “Three months after date I promise to pay to the order of G. W. Franklin the sum of three hundred and eighty dollárs, value received, for wintering cattle branded N. S. Cattle…
1Opinion of the CourtLochren, District Judge
That the defendant indorsed each of the notes “Pay to the order of P. G. Browning, demand and notice waived, G. W. Franklin,” is admitted by the answer. These indorsements are contracts in writing, made in the transfer of the notes for value. The obligation assumed by the indorser by such indorsement is as certain and free from doubt or ambiguity as if fully set forth in express words, i Dan. Neg. Inst. § 717. As the indorsement waives demand and notice, the agreement of the indorser is that he will pay the notes to the indorsee or holder if they are not paid by the maker at maturity. The…
2Cases cited4 opinions
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
- Ross v. JonesSupreme Court of the United States · 1875
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- Miller v. LevittMassachusetts Supreme Judicial Court · 1917
- Roberts v. International BankCourt of Appeals for the D.C. Circuit · 1928