Keyes v. Fenstermaker
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, Sierra County. The following is a copy of the note sued on: “ Sierra Valley, June 3d, 1862. “ For value received, I promise to pay Corel Howk or order, the sum of ($487) four hundred and eighty-seven dollars, with two per cent interest per month till paid. “ D. Fenstermaeer. “(Indorsed:) Corel Howk.” The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
This is an action upon a promissory note against the defendant Fenstermaker, as maker, and the defendant Howk, as indorser. The note is dated on the 3d day of January, 1862, and specifies no day or time of payment. It was indorsed in blank by Howk, on the 24th or 25th of April, 1862, and delivered by him to one Bartholomew, who, on the same day, transferred it by delivery to the plaintiff. Some time during the first week in May, 1862, the plaintiff demanded payment of Fenstermaker, who failed “ to make payment,” and, some túne in the forepart of August, 1862,…
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