Blake v. McMillen
Supreme Court of Iowa
Appeal from, Cerro Gordo District Court. This suit was brought against the defendant as indorser of a promissory note, made by W. G-. Harding and Daniel Yan Patter, payable to the defendant or order, and by him. indorsed to plaintiff before maturity.
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Appeal from, Cerro Gordo District Court. This suit was brought against the defendant as indorser of a promissory note, made by W. G-. Harding and Daniel Yan Patter, payable to the defendant or order, and by him. indorsed to plaintiff before maturity. On the trial below, it was agreed that David Yan Patter, one of the makers, died before the maturity of the note; that Eliza Yan Patter was duly appointed administratrix of the estate of the deceased, and was such at and after the maturity of the note; that dne presentment and demand of payment were made of Harding, the surviving joint maker, and…
1Opinion of the CourtMiller, J.
On a former appeal in this case, it was held that a presentment to one only of the two joint makers was not sufficient to charge the indorser, unless some legal *151excuse be shown for the failure to make presentment to the other. Blake v. McMillen, 22 Iowa, 358. The agreed facts show that David Van Patter died before the maturity of the note; that Eliza Van Patter was his legal representative when the note became due and no excuse is shown for a failure to make presentment to her. Following the ruling on the former appeal the judgment is
Reversed.
2Cases cited1 opinion
- Blake v. McMillenSupreme Court of Iowa · 1867
3Cited by4 opinions
- Graul v. StrutzelSupreme Court of Iowa · 1880
- Bank of Red Oak v. OrvisSupreme Court of Iowa · 1875
- Closz & Mickelson v. MiracleSupreme Court of Iowa · 1897
- Luning v. WiseCalifornia Supreme Court · 1883