Fox v. Rogers
Idaho Supreme Court
APPEAL from District Court, Custer County. We fail to find in the complaint an allegation that plaintiff made due presentment, or any presentment, of the checks in question to the bank upon which they were drawn, and for that reason alone, even if our other positions are not well taken, the complaint fails to state a cause of action against defendant. (Daniel on Negotiable Instruments, see. 1586; Tiedeman on Commercial Paper, sec. 443; Smith v. -Janes, 20 Wend. 192, 32 Am.
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APPEAL from District Court, Custer County. We fail to find in the complaint an allegation that plaintiff made due presentment, or any presentment, of the checks in question to the bank upon which they were drawn, and for that reason alone, even if our other positions are not well taken, the complaint fails to state a cause of action against defendant. (Daniel on Negotiable Instruments, see. 1586; Tiedeman on Commercial Paper, sec. 443; Smith v. -Janes, 20 Wend. 192, 32 Am. Dee. 527; Middleton Banlc v. Morris, 28 Barb. 616; Simpson v. Pacific etc. Ins. Co., 44 Cal. 139; Richie v. Bradshaw, 5…
1Opinion of the CourtQuarles, J.
— This action was commenced in the court below to recover upon four checks drawn by the defendant upon C. Bunting & Co., bankers. The complaint, after entitling court and cause, is in words and figures as follows: “The plaintiff, complaining of the above-named defendant, alleges: 1. That plaintiff and defendant are residents of the county of Custer and state of Idaho, and were, January 29 and 30, 1897, and ever since have been. That on the 30th of January, 1897, said defendant made, executed and delivered to this plaintiff his cheek in writing, printing, and figures as follows, at the town of…
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