Wamsley v. Rivers
Supreme Court of Iowa
Appeal from, Polk Oi/reuit Oowrt. Action against tbe maker and indorser of a note for $260, dated Clifton Springs, N. Y., June 25th, 1870, and made by Louisa A. Bivers, payable to the order of John D. Bivers, on the 1st day of December, 1870, at the banking house of B. F. Allen, in Des Moines, Iowa, with seven per cent interest from date. It was indorsed in blank, “John D. Bivers.”
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Appeal from, Polk Oi/reuit Oowrt. Action against tbe maker and indorser of a note for $260, dated Clifton Springs, N. Y., June 25th, 1870, and made by Louisa A. Bivers, payable to the order of John D. Bivers, on the 1st day of December, 1870, at the banking house of B. F. Allen, in Des Moines, Iowa, with seven per cent interest from date. It was indorsed in blank, “John D. Bivers.” The plaintiff averred that he owned the note; that it was presented at maturity for payment at the place named; payment was refused, and due notice thereof given to the maker and indorser. Answer in denial. Trial…
1Opinion of the CourtCole, J.
The plaintiff, upon the trial, introduced the note, indorsement, certificate of notary, and proof that the fourth day of December, 1870, came on Sunday, and then rested his case. The notary’s certificate contained the *464noting: “protested for non-payment December 5, 1870,” and also contained the nsnal recitals, tbat on the day named, at the request of the bolder, be presented the note for payment at the place specified; tbat payment was refused, and tbat be duly protested the same, and also contained tbis language: “ Be it' known tbat I, etc., * * * do certify tbat, on the day of the date of…
2Cases cited1 opinion
- Bradshaw v. Hedge & HeatonSupreme Court of Iowa · 1860
3Cited by4 opinions
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Legg v. VinalMassachusetts Supreme Judicial Court · 1896
- Spitler v. ScofieldSupreme Court of Iowa · 1876
- Fuller & Warren v. DingmanSupreme Court of Iowa · 1875