Allen v. Harrah
Supreme Court of Iowa
Appeal from Scott District Court. Action by an indorsee against the indorser (who was the payee) of a joint and several negotiable promissory note, having two makers. Trial to the court, who found for the plaintiff, and rendered judgment accordingly; from which the defendant appeals. I. No legal demand was ever made. Demand on one of two makers is not sufficient. Story on Prom. Notes, § 239 and note, 255; 3 Kent (5th ed.), 105 and noto b; Chitty on Bills, etc.
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Appeal from Scott District Court. Action by an indorsee against the indorser (who was the payee) of a joint and several negotiable promissory note, having two makers. Trial to the court, who found for the plaintiff, and rendered judgment accordingly; from which the defendant appeals. I. No legal demand was ever made. Demand on one of two makers is not sufficient. Story on Prom. Notes, § 239 and note, 255; 3 Kent (5th ed.), 105 and noto b; Chitty on Bills, etc. (11th ed.), 367; Union Bank of Wymouth v. Willis, 8 Meto. 504; Willis v. Green, 5 Hill, 232; Bank of Ghenango v. Boot, 4 Cow. 126;…
1Opinion of the Court
Cole, Ch. J.
1. promissory note:waiver. This cause was tried to the court and no finding of facts was made, but simply a general finding for the plaintiff. This finding must have the same effect as a general verdict of a jury. The testimony is before us. It shows that the note was only presented for payment to one of the two joint and several makers. As to this fact there is no controversy. Whether due notice of the presentment to the one for payment, and his refusal, and the protest therefor, was given to the defendant, is not clear from the testimony. The conflict in the testimony, and the…
2Cases cited3 opinions
- Shepard v. HawleySupreme Court of Connecticut · 1815
- President, &c. of the Bank of Chenango v. RootNew York Supreme Court · 1825
- Sayre v. FrickSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Lomax v. Smyth & Co.Supreme Court of Iowa · 1878
- County Savings Bank v. JacobsonSupreme Court of Iowa · 1927
- Freeman v. O'BrienSupreme Court of Iowa · 1874
- Bank of Red Oak v. OrvisSupreme Court of Iowa · 1875