Citizens State Bank v. Hendrix
Supreme Court of Iowa
Appeal from Lwm District Court. — F. F. Dawley, Judge. Action at law upon two promissory notes. Judgment was prayed against the three defendants, only one of whom, Hendrix, was the maker. A cross-petition was filed by the maker, Hendrix, against his codefendants, praying that Barber, the payee of the note, be charged with primary liability therefor.
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Appeal from Lwm District Court. — F. F. Dawley, Judge. Action at law upon two promissory notes. Judgment was prayed against the three defendants, only one of whom, Hendrix, was the maker. A cross-petition was filed by the maker, Hendrix, against his codefendants, praying that Barber, the payee of the note, be charged with primary liability therefor. There was a judgment for the plaintiff, in conformity with the prayer of its petition and the prayer of the cross-petition of Hendrix. The defendants Barber and Bennett appeal.
1Opinion of the CourtEvans, J.
1 Bills and notes : protest and notice of nonpayment: parties primarily liable. Barber was the payee of the notes, and negotiated the same to the plaintiff before due. At the time of such negotiation, Bennett became a guarantor of payment thereof. The only semblance of defense set up by Barber and Bennett was that the plaintiff failed to protest the notes when due, and failed to give notice of nonpayment thereof.
Mere failure to protest or to give notice of nonpayment did not release the guarantor. He is not an endorser. Barber was an endorser, but his liability for the payment of the note was…
2Cited by2 opinions
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