Chatham Bank v. Allison
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiff claims to recover a balance clue on three drafts. Defendant denies due presentment and notice. These drafts were drawn in the city of Dubuque, in "this State, and the indorsement of the name of the payees was written on them at the same place. They were payable in New York, to which place they were sent to .plaintiff for collection or credit.
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Appeal from Dubuque District Court. Plaintiff claims to recover a balance clue on three drafts. Defendant denies due presentment and notice. These drafts were drawn in the city of Dubuque, in "this State, and the indorsement of the name of the payees was written on them at the same place. They were payable in New York, to which place they were sent to .plaintiff for collection or credit. The cashier of the bank took them to the drawers, who accepted the same, and the next day the bank discounted them in the regular course of business. One of these drafts fell due on Sunday, and was protested…
1Opinion of the CourtWright, J.
It is admitted that, as a general rule, the law of the place of the contract of indorsement is to govern the liability of the indorser. Appellants claim that by the statutes of this State the bill was not due until the succeeding day, or Monday, and that a presentment for payment, according to the law of New York, on the preceding day, or Saturday, was not sufficient to bind the indorser. And whether the contract of indorsement was made in this State or New York is, therefore, the question thus presented for our determination.
In the case of Thorp et al. v. Craig, 10 Iowa, 461, it is stated…
2Cases cited1 opinion
- Thorp v. CraigSupreme Court of Iowa · 1860
3Cited by2 opinions
- Vaughan v. PotterAppellate Court of Illinois · 1907
- New York Life Insurance v. McKellarSupreme Court of New Hampshire · 1895