Fuller & Warren v. Dingman
Supreme Court of Iowa
Appeal from Mahaslca Cvreuit Court. This action was commenced October 7, 1873, against the. maker and indorsers of a promissory note, of which the following is a copy.: “$2,000. Oskaloosa; Iowa, November 2,1871. One year after date, I promise to pay W. M. Watts, or bearer, two thousand dollars, for value received, with ten per cent from maturity, payable at Oskaloosa,” duly signed by Lawrence Dingman, and indorsed in blank by Craig & Alexander.
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Appeal from Mahaslca Cvreuit Court. This action was commenced October 7, 1873, against the. maker and indorsers of a promissory note, of which the following is a copy.: “$2,000. Oskaloosa; Iowa, November 2,1871. One year after date, I promise to pay W. M. Watts, or bearer, two thousand dollars, for value received, with ten per cent from maturity, payable at Oskaloosa,” duly signed by Lawrence Dingman, and indorsed in blank by Craig & Alexander. The plaintiffs- averred the making and indorsing of said note, and that at maturity, November 5, 1872, it was presented for payment, which was…
1Opinion of the Court
Cole, J. —
Upon the trial the only evidence of the demand, pro-' test and notice was the certificate of the notary, as follows: “Be it known that on the date hereof, I, W. S. Kenworthy, Notary Public for the county of Mahaska, state of Iowa, duly commis-. sioned and qualified, residing-in the city of Oskaloosa, in the said, state, at the request of Bindley, cashiei1, the holder of the original note, which is hereunto attached, presented the same and demanded payment thereon, which was refused. Whereupon, I,, the said notary, at the request aforesaid, have protested, and do hereby solemnly…
2Cases cited1 opinion
- Wamsley v. RiversSupreme Court of Iowa · 1872