Hall v. Monohan
Supreme Court of Iowa
Appeal from the Polk District Court. One Pierce made to Monohan the following note: $1-1.91. Coon Hill, January 11, 1855. Due John Monohan, the sum of forty-one dollars and ninety one cents, which I promise to pay in one day.” On the back of this note was the following: “I sign the within note, for value received, over to Edwin Hall, this second day of February, 1855. John Monohan.”
Read the full summary
Appeal from the Polk District Court. One Pierce made to Monohan the following note: $1-1.91. Coon Hill, January 11, 1855. Due John Monohan, the sum of forty-one dollars and ninety one cents, which I promise to pay in one day.” On the back of this note was the following: “I sign the within note, for value received, over to Edwin Hall, this second day of February, 1855. John Monohan.” Hall sued Monohan as indorser, averring that he had prosecuted Pierce to insolvency, having instituted suit against him, and recovered judgment on the 12th of April, 1855, and issued execution thereon, which was…
1Opinion of the CourtWrigiit, C. J.
— The principal question raised, and to be determined in this case, will be sufficiently understood, *218by the two following instructions : the first of which was asked by plaintiff and given, and the second, asked by defendant, refused: First. “That upon such a note, it is not necessary for the plaintiff to prove diligence (against the maker,) and the want of diligence is no defence to the plaintiff’s right to recover.” Second. “That this note having been assigned after due, and the defendant having been sued as indorser thereon, he cannot be made liable, without proof of demand of maker, and…
2Cases cited2 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Wilson v. RalphSupreme Court of Iowa · 1856
3Cited by4 opinions
- Allison v. HollembeakSupreme Court of Iowa · 1908
- Park v. BestSupreme Court of Iowa · 1916
- Ristine v. RumlSupreme Court of Iowa · 1924
- Jones v. WilsonSupreme Court of Iowa · 1860