Lockwood v. Bock
Supreme Court of Minnesota
Appeal by Walter W. I. Bock, one of the defendants, from a judgment of the District Court of Eamsey County, Kerr, J., entered April ■25, 1891, in favor of plaintiff, Harry Lockwood, for $588.23. Edwin C. Putnam, one of the defendants, on February 12, 1887, made his four promissory notes for $110 each, and interest, payable two years thereafter, to defendant Bock or order, and delivered them to him. He soon after sold, indorsed, and delivered the notes to plaintiff.
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Appeal by Walter W. I. Bock, one of the defendants, from a judgment of the District Court of Eamsey County, Kerr, J., entered April ■25, 1891, in favor of plaintiff, Harry Lockwood, for $588.23. Edwin C. Putnam, one of the defendants, on February 12, 1887, made his four promissory notes for $110 each, and interest, payable two years thereafter, to defendant Bock or order, and delivered them to him. He soon after sold, indorsed, and delivered the notes to plaintiff. The notes fell due, but were not presented, paid, or protested, or notice of nonpayment given. Afterwards Bock, without any new…
1Opinion of the CourtVaNdebbtjRgh, J.
The question of defendant’s liability as indorser upon the notes sued on is raised on the pleadings. Defendant was the payee, and indorsed and transferred the notes to the plaintiff. It is not alleged in the complaint that any demand of payment was made or notice of dishonor given, but it is alleged that the defendant expressly waived in writing indorsed on the back of each of the notes, “protest and notice of protest.” Defendant in his answer admits the waiver to have been indorsed by him in the form stated, but alleges that it was made without' consideration, and after the maturity of the…
2Cases cited3 opinions
- Yeager v. FarwellSupreme Court of the United States · 1871
- Wolford v. AndrewsSupreme Court of Minnesota · 1882
- Worden v. MitchellWisconsin Supreme Court · 1859
3Cited by2 opinions
- Thompson v. CurryWest Virginia Supreme Court · 1917
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1907