Billingham v. Bryan
Supreme Court of Iowa
Appeal from Jasper District Court. This was an action against tbe makers and indorsers of a non-negotiable promissory note. The District Court held that J. W. H. Test, one of said defendants was not liable as indorser, and rendered judgment accordingly, from which plaintiff appeals. relied upon Long y. Smyser Hawthorne, 3 Iowa 266; Wilson v. Ralph et al., Ib. 450; Hall y. Monahon, 6 Iowa 217. (Vest,) relied upon Conrad $ Co. v. Baldwin, 3 Iowa, 207; McKinney y.
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Appeal from Jasper District Court. This was an action against tbe makers and indorsers of a non-negotiable promissory note. The District Court held that J. W. H. Test, one of said defendants was not liable as indorser, and rendered judgment accordingly, from which plaintiff appeals. relied upon Long y. Smyser Hawthorne, 3 Iowa 266; Wilson v. Ralph et al., Ib. 450; Hall y. Monahon, 6 Iowa 217. (Vest,) relied upon Conrad $ Co. v. Baldwin, 3 Iowa, 207; McKinney y. Hartman, Ib. 344; and reviewed Long v. Smyser 8¡ Hawthorne, supra.
1Opinion of the CourtBaldwin, J.
The District Court held “that the plaintiff to maintain his action must show that the said Yest received due notice of a demand, and non-payment by the maker at maturity, and there being no evidence of that fact, the plaintiff could not maintain his action.” This ruling of the court, is assigned as error by the appellant, and the question presented in this cause is, whether the indorser of a non-negotiable promissory note is liable to the holder, without demand upon the maker, and notice of non-payment. We think this question has been fully settled by this court in^the cases *318of Wilson v.…
2Cases cited4 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
- Wilson v. RalphSupreme Court of Iowa · 1856
- Long v. SmyserSupreme Court of Iowa · 1856
3Cited by15 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Haber v. BrownCalifornia Supreme Court · 1894
- Johnson v. . LassiterSupreme Court of North Carolina · 1911
- Allison v. HollembeakSupreme Court of Iowa · 1908
- Park v. BestSupreme Court of Iowa · 1916
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