Isham v. McClure
Supreme Court of Iowa
Appeal from Marion Circuit Court. The plaintiff claims of ¥m. McClure, the defendant, the sum of seven hundred dollars, alleged to be due ón a note, of $500, dated November 6th, 1876, and due on the 2d day of November, 1879, executed by D. C. Jordan to ¥m. McClure, and providing for the payment of interest annually.
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Appeal from Marion Circuit Court. The plaintiff claims of ¥m. McClure, the defendant, the sum of seven hundred dollars, alleged to be due ón a note, of $500, dated November 6th, 1876, and due on the 2d day of November, 1879, executed by D. C. Jordan to ¥m. McClure, and providing for the payment of interest annually. The petition alleges that D. C. Jordan executed to the defendant a mortgage to secure said note; that on the 26th of March, 1877, the defendant assigned said note to the plaintiff, and expressly agreed to pay the same at maturity if not paid by the maker, and verbally agreed to…
1Opinion of the CourtDay, J.
1. PROMISSORY note: indorser: waiver of demand and notice. I. The note sued upon was indorsed by the defendant in blank, before maturity. There was no demand of payment of the maker, nor notice of non-payment to the indorser. The petition alleges that the defendant expressly agreed to pay the note at maturity, if not paid by the maker, and verbally agreed to waive demand and notice. The testimony of the plaintiff does not establish this allegation of the petition. The plaintiff ■testifies: He said “ by assigning it to me he would be respon*517sible, and I thought so. That is the reason I never…
2Cases cited1 opinion
- Freeman v. O'BrienSupreme Court of Iowa · 1874
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