Scott v. Smith
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. 'Bryan, Judge. 'Action by indorsee against indorser of promissory note. Judgment for defendant. Where presentment for payment is waived in a note, the indorser is not entitled to notice of nonpayment. [Wurth v. Baxter, 24 Wash. 608, 64 Pae. 798; Phillips v. Dippa, 93 Iowa, 35, 57 Am.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. 'Bryan, Judge. 'Action by indorsee against indorser of promissory note. Judgment for defendant. Where presentment for payment is waived in a note, the indorser is not entitled to notice of nonpayment. [Wurth v. Baxter, 24 Wash. 608, 64 Pae. 798; Phillips v. Dippa, 93 Iowa, 35, 57 Am. St. 254, 61 N. W. 216.) Where the indorsee of a note sues the makers thereon without joining the indorser as a defendant, as he may do under Civil Code, sec. 13, there is no authority for making such indorser a party…
1Opinion of the CourtBudge, J.
This is an action against an indorser upon a promissory note.
From the record it appears that on May 27, 1915, Jacob Zoller and Eva Zoller made, executed and delivered to respondent at Berthoud, Colorado, their certain promissory note for $250, bearing interest at eight per cent and due one year after date; that about July 23, 1915, appellant purchased the note from respondent and the latter indorsed and delivered the same to him, and he has since been the owner and holder thereof; that on May 27, 1916, the note was duly presented and demand made for payment, which was refused. It is alleged…
2Cases cited10 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- Petri v. MannyWashington Supreme Court · 1918
- Morrison v. FishelIndiana Supreme Court · 1878
- Hough v. State BankSupreme Court of Florida · 1911
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3Cited by3 opinions
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Bratten, Admr. v. McKelveyOhio Court of Appeals · 1939
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924