First National Bank v. Ryerson
Supreme Court of Iowa
Appeal from Johnson- District Court. Action on a note against the mater and indorser. C. A. Barlow, the maker, and G. M. Ryerson, the indorser, had been partners in business. At the close of their partnership they had about seven hundred dollars on deposit with plaintiff. Barlow claimed the whole, but Ryerson was permitted by him to have three hundred dollars of it.
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Appeal from Johnson- District Court. Action on a note against the mater and indorser. C. A. Barlow, the maker, and G. M. Ryerson, the indorser, had been partners in business. At the close of their partnership they had about seven hundred dollars on deposit with plaintiff. Barlow claimed the whole, but Ryerson was permitted by him to have three hundred dollars of it. Afterward, Barlow wanting that amount, he and Ryerson agreed that it should be procured, by Barlow making a note to Ryerson, payable at plaintiff’s bank, which should be indorsed by him to plaintiff; it was so done, and the…
1Opinion of the CourtCole, J.
1. promissory mote: notice ment”"£ay" mater. That notice of non-payment may be verbal as well as in writing, is now well settled. 1 Parsons on Notes and Bills, 477, and authorities cited. And it is generally by text writers that notice may be given by any party to the note. Story on Bills, §303; Cowperthwaite v. Sheffield, 1 Sandf. Ch. 447; 3 Kent’s Com. 108; Edwards on Bills, 477. And that the notice was good and sufficient when given by the maker to an indorser, was expressly held in Glasgow v. Pratte, 8 Mo. 336. Mr. Parsons, however, thinks the true rule is, that the notice must be given…
2Cases cited1 opinion
- Glasgow v. PratteSupreme Court of Missouri · 1843
3Cited by3 opinions
- Bessenger v. WenzelMichigan Supreme Court · 1910
- Foundry Manufacturing Co. v. FarrSupreme Court of Vermont · 1923
- Martin v. WalkerWest Virginia Supreme Court · 1923