Spencer v. Halpern
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. James S. Thomas, Judge. The indorsement in this case was a complete written indorsement, expressing only one thing, i. e., a transfer of title, and there was no personal liability as ■an indorser. This personal liability was excluded by operation of the maxim, Exftressio unius, etc. 32 Ala. 540; 39 Mich. 171; Tiedeman on Com. Pap., p. 442. 1 Dan. Neg. Ins.
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Appeal from Monroe Circuit Court. James S. Thomas, Judge. The indorsement in this case was a complete written indorsement, expressing only one thing, i. e., a transfer of title, and there was no personal liability as ■an indorser. This personal liability was excluded by operation of the maxim, Exftressio unius, etc. 32 Ala. 540; 39 Mich. 171; Tiedeman on Com. Pap., p. 442. 1 Dan. Neg. Ins. (4 Ed.), sec. 688c, disapproves of the Michigan case, but his contention is without reason and unsound. 47 Iowa, 658, contra, is not reasoned out. There is no distinction in law between an assignment in…
1Opinion of the CourtWood, J.
Appellant made the following indorsement on two promissory notes held by him, viz.: “Por value received I hereby transfer my interest in the within note to Isaac Halpern. (Sigmed) Geo. Spencer.” The maker having failed to pay at maturity upon demand, is appellant bound as indorser after due notice?
Where a negotiable instrument is indorsed in blank, or in full, the indorser contracts to pay the amount called for by the instrument if it is not paid by the principal on demand at maturity, provided notice of demand and non-payment is duly given. He also contracts that the instrument is genuine,…
2Cases cited3 opinions
- Aniba v. YeomansMichigan Supreme Court · 1878
- Hailey v. FalconerSupreme Court of Alabama · 1858
- Reynolds v. ShaverSupreme Court of Arkansas · 1894
3Cited by12 opinions
- Kane v. EastmanCalifornia Court of Appeal · 1931
- Prichard v. StrikeUtah Supreme Court · 1926
- Copeland v. BurkSupreme Court of Oklahoma · 1916
- Divelbiss v. BurnsMississippi Supreme Court · 1931
- Fay v. WitteNew York Court of Appeals · 1933
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