Bank of Red Oak v. Orvis
Supreme Court of Iowa
Appeal from Mahasha Oirouit Oon/rt. AotioN upon, two promissory notes; trial to the court without a jury, and judgment for plaintiff. Defendant, Fisher, appeals.
1Opinion of the CourtBeck, J.
The notes in suit were executed by two joint makers to Fisher, who indorsed them to plaintiff. The action was brought against both makers and the indorser, and judgment rendered against all of them. No objection is made to the judgment by the makers, the indorser alone appealing.
I. The evidence before the court did not authorize the judgment against the indorsor. There was no evidence of 1. ratoMtsso-indOTse?™1 evidence. presentation and demand of payment upon one °*’ notes- The indorser cannot be charged thereon in the absence of such evidence and of proof of the notice required by law.
II.…
2Cases cited3 opinions
- Blake v. McMillenSupreme Court of Iowa · 1867
- Allen v. HarrahSupreme Court of Iowa · 1870
- Blake v. McMillenSupreme Court of Iowa · 1871
3Cited by2 opinions
- Graul v. StrutzelSupreme Court of Iowa · 1880
- Closz & Mickelson v. MiracleSupreme Court of Iowa · 1897