First National Bank of Manning v. Farneman
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. C. D. Goldsmith; Judge. On the seventh day of November, 1892, the Bank of Kirkman drew its draft on the First National Bank of Carroll, Iowa, with the defendant as payee, for the sum of three hundred and fifty dollars.
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Appeal from Carroll District Court. — Hon. C. D. Goldsmith; Judge. On the seventh day of November, 1892, the Bank of Kirkman drew its draft on the First National Bank of Carroll, Iowa, with the defendant as payee, for the sum of three hundred and fifty dollars. The defendant sold the draft to the plaintiff bank, and transferred it by bis indorsement in blank, on tbe eighth day of November, 1892. On the same day the plaintiff sent the draft for collection to its correspondent, the Valley Bank of. Des Moines, at Des Moines, Iowa, On the next day the Valley Bank sent it for collection to the…
1Opinion of the CourtGranger, C. J.
Counsel agree that the only question Before the .court is whether or'not the notice given was sufficient to charge defendant as an indorser. After a refusal to pay the draft by the bank, immediate notice was essential to charge the endorser. Coal Co. v. Bowman, 69 Iowa, 150, 28 N. W. Rep. 496. The’ notice might have been given by being deposited in the postoffice to the address of the defendant. This was not done. Had it been done, the notice would have been given on the day of the dishonor, for the defendant’s postoffice address was at the place where presentment was made. The excuse for…
2Cases cited2 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1857
- Northwestern Coal Co. v. Bowman & Co.Supreme Court of Iowa · 1886
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- Donnelly v. GarvanSupreme Court of Connecticut · 1930