Bond v. Bragg
Illinois Supreme Court
The appellant was sued as indorser of a promissory note. The declaration alleged'that one Judson made the note, payable to appellant at the banking house of J. J. Anderson; that it was made and indorsed in the State of Missouri; that after the time for payment expired, or the third day of grace, it was "presented at Anderson’s for payment; that payment was refused; that the note was protested for non-payment; and that appellant was notified.
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The appellant was sued as indorser of a promissory note. The declaration alleged'that one Judson made the note, payable to appellant at the banking house of J. J. Anderson; that it was made and indorsed in the State of Missouri; that after the time for payment expired, or the third day of grace, it was "presented at Anderson’s for payment; that payment was refused; that the note was protested for non-payment; and that appellant was notified. That Judson, the maker of the note, had absconded and was insolvent, whereby, under the laws of Missouri, appellant became liable, &c. To this…
1Opinion of the CourtScates, C. J.
The only proof offered on the general issue in this case, was a notarial protest of a demand and refusal of payment on the last day of grace, and an affidavit of the notary before a justice of the peace in St. Louis that he enclosed and mailed said protest, duly certified by him, officially, directed to the maker and indorsers at their several places in St. Louis, Carlyle and Memphis.
We deem it unnecessary to notice the question of diligence against the maker, or rather excuse for not suing him, because of his insolvency and absconding. The law of the place of making and that of indorsing…
2Cited by8 opinions
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- Equitable Life Assurance Society of the United States v. FrommholdAppellate Court of Illinois · 1898
- Vaughan v. PotterAppellate Court of Illinois · 1907
- Hinsey v. Studebaker Bros. Manufacturing Co.Appellate Court of Illinois · 1898
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