Graul v. Strutzel
Supreme Court of Iowa
Ajppeal from Olinton Ovrcuit Cow't. Action upon two promissory notes signed by tbe defendants Matbias Strutzel, Andrew Peshel and Margaret Strutzel, as makers, and payable to tbe order of tbe defendant Jobn Adam. The notes were transferred by Jobn Adam to tbe plaintiff, and indorsed in blank. Tlie transfer was made after one of tbe notes became due, and before tbe maturity of the other; both of said notes were negotiated at tbe same time, and in one transaction.
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Ajppeal from Olinton Ovrcuit Cow't. Action upon two promissory notes signed by tbe defendants Matbias Strutzel, Andrew Peshel and Margaret Strutzel, as makers, and payable to tbe order of tbe defendant Jobn Adam. The notes were transferred by Jobn Adam to tbe plaintiff, and indorsed in blank. Tlie transfer was made after one of tbe notes became due, and before tbe maturity of the other; both of said notes were negotiated at tbe same time, and in one transaction. Tbe plaintiff claimed that within a reasonable time be made a demand of payment of tbe makers of tbe note which was due when be…
1Opinion of the CourtRothrock, J.
i. pbomisindorsement: maturity! I. It is contended by counsel for the plaintiff that, as to the note which was over-due when it was indorsed, no demand of payment and* notice of non-payment to the indorser was necessary. But such is not the rule. A note indorsed after due must be presented to all the makers for payment within a reasonable time, and notice of non-payment must'.be given to the indorser immediately, which means, at furthest, the next day after default, where the parties reside in the same town. McKewer r. Kirtland, 33 Iowa, 348; Pryor v. Bowman, 38 Iowa, 92; Blake v. McMillen,…
2Cases cited7 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Payne v. PotterSupreme Court of Iowa · 1859
- Hartford Bank v. GreenSupreme Court of Iowa · 1861
- Blake v. McMillenSupreme Court of Iowa · 1871
- Bank of Red Oak v. OrvisSupreme Court of Iowa · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Heusinkveld v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1898
- Nostrum v. HallidayNebraska Supreme Court · 1894
- Burke v. FryeNebraska Supreme Court · 1895
- Stoll v. SheldonNebraska Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.