Corwith v. Morrison
Wisconsin Supreme Court
ERROR to the District Court for Iowa County. Assumpsit brought by Morrison against Oorwith as indorser of the note mentioned in the opinion of the court. It appeared that Corwith transferred the note after maturity. Upon the trial no proof was given to show demand of payment of the maker or notice of non-payment to Oorwith.
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ERROR to the District Court for Iowa County. Assumpsit brought by Morrison against Oorwith as indorser of the note mentioned in the opinion of the court. It appeared that Corwith transferred the note after maturity. Upon the trial no proof was given to show demand of payment of the maker or notice of non-payment to Oorwith. The district court instructed the jury that, “as a general rule, the plaintiff would be required to prove on the trial that a demand of the maker had been made when due, and that he refused to pay, of which the defendant had notice; but that, if it appeared in proof that…
1Opinion of the CourtIrvin, J.
In this case the defendant in error brought suit against the plaintiff in error, as indorser of a promissory note, of which the following is set out as a copy:
“ Graleña, October 31,1837.
Ninety days after date, I promise to pay to Henry Corwith, or order, two hundred and forty-five dollars^ *490value received, payable at the branch of State bank of Illinois, at Galena.
thomas Mcknight.”
On the back of which was the following indorsement:
‘ ‘ Pay Lewis P. Morrison, or order, February 4th, 1838.
HENRY CORWITH.”
The declaration is in the usual form, and makes the proper averments of demand, failure to pay…
2Cases cited8 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Berry v. RobinsonNew York Supreme Court · 1812
- M'Kinney v. CrawfordSupreme Court of Pennsylvania · 1822
- Waln v. ShearmanSupreme Court of Pennsylvania · 1822
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Turner v. Iron Chief Mining Co.Wisconsin Supreme Court · 1889