Murphy v. Bartsch
Idaho Supreme Court
APPEAL from District Court, Alturas County. Defendant’s order, being specific as to amount, acceptance,, and time of payment, was a bill of exchange, negotiable and subject to all rules of commercial paper.
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APPEAL from District Court, Alturas County. Defendant’s order, being specific as to amount, acceptance,, and time of payment, was a bill of exchange, negotiable and subject to all rules of commercial paper. (Code, secs. 3520, 3525, 3546, 3550; Cowan v. Bollock, 9 Colo. 572, 13 Pac. 700; Parsons on Mercantile Law, 2d ed., p. 84, sec. 1; Parsons on Bills and Notes, pp. 52, 54, 353, see. 1.) Plaintiff, being the holder, was bound to make demand for payment, and, if dishonored, to give defendant “drawer” notice. (Dean on Commercial Law, Bryant & Stratton ed., sec. 353; Donohoe Gamble, 38 Cal.…
1Opinion of the CourtBeatty, C. J.
On October 18, 1S86, appellant delivered his promissory note to respondent for the sum of $500, due the next day, and, as collateral security for its payment, transferred a demand he held against one Shaw, payable on the first day of November, 1886. At this latter date, Shaw was solvent, but by April following became insolvent; just when does not appear. In August, 1887, this action was commenced for the-recovery of the $500 note, to which appellant interposed the> defense that respondent had neglected to collect the claim against Shaw, which by the latter’s subsequent insolvency became…
2Cases cited9 opinions
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Bast v. BankSupreme Court of the United States · 1879
- Rozet v. McClellanIllinois Supreme Court · 1868
- Kennedy v. RosierSupreme Court of Iowa · 1887
- Easton v. German-American BankU.S. Circuit Court for the District of Southern New York · 1885
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- Radke v. Liberty InsuranceIdaho Supreme Court · 1923