Long v. Smyser
Supreme Court of Iowa
Appeal from the MahasJca District Court. The defendant, Hawthorne, made his promissory note to his oo-defendant, Smyser, for $300, which Smyser, before the same fell due, assigned to the plaintiff. The note was payable in current funds, and was not negotiable. Payment not being made by Hawthorne, when the note fell due, Long brought suit against the mater and indorser. Judgment by default, was rendered against Hawthorne.
Read the full summary
Appeal from the MahasJca District Court. The defendant, Hawthorne, made his promissory note to his oo-defendant, Smyser, for $300, which Smyser, before the same fell due, assigned to the plaintiff. The note was payable in current funds, and was not negotiable. Payment not being made by Hawthorne, when the note fell due, Long brought suit against the mater and indorser. Judgment by default, was rendered against Hawthorne. Smyser demurred to the petition, for various reasons set forth in the demurrer, and among others, that the petition does not show that payment had ever been demanded by…
1Opinion of the CourtStockton, J.
Various questions are raised by the demurrer to the amended petition in this cause. The most important question, however, to be decided, is as to the . right of the assignee of a promissory note not negotiable, to sue the assignor, without first demanding payment of the maker, and without notice of the non-payment to the assignor. The same question has been before this court, at the present term, in the case of Wilson v. Ralph & Van Shaick, from Linn county. We have felt inclined to follow the authority laid down in the case of Seymour v. Van Slyck, 8 Wendell, 421, in which the Supreme Court…
2Cases cited1 opinion
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
3Cited by6 opinions
- Billingham v. BryanSupreme Court of Iowa · 1860
- Johnson v. . LassiterSupreme Court of North Carolina · 1911
- Park v. BestSupreme Court of Iowa · 1916
- Berry v. GrossSupreme Court of Iowa · 1921
- Peddicord & Wyman v. WhittamSupreme Court of Iowa · 1859
1 more not listed; retrieve them via the Exa API.