Pryor v. Bowman
Supreme Court of Iowa
Appeal from Decatur District Court. Action at law against the defendant as indorser of two promissory notes made to him or bearer, and indorsed after maturity. The defendant for answer set up a general denial, and that the indorsement was made by an agent who made it without recourse, and was only authorized so' to make it. There was a trial to a jury, who returned a verdict for the plaintiff for the amount of the two notes and interest.
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Appeal from Decatur District Court. Action at law against the defendant as indorser of two promissory notes made to him or bearer, and indorsed after maturity. The defendant for answer set up a general denial, and that the indorsement was made by an agent who made it without recourse, and was only authorized so' to make it. There was a trial to a jury, who returned a verdict for the plaintiff for the amount of the two notes and interest. A motion for a new trial was overruled, and judgment entered on the verdict. The defend ant appeals.
1Opinion of the Court
Oole,
J. The court gave to the jury eleven instructions; the eighth, ninth and tenth only, were excepted to, and the stress of the argument here, is upon the correctness of the ninth, which is as follows: “ As to what would be a reasonable time to make demand in this case on the maker, and what would be a reasonable time to give notice and demand payment of the indorser, we say the party may be allowed six months or twelve months or even two years; provided it appears the indorser was not injured by such failure^ to give notice sooner.” This is the only instruction upon this point.
promissory…
2Cases cited1 opinion
- Jones & Co. v. MiddletonSupreme Court of Iowa · 1870
3Cited by1 opinion
- Graul v. StrutzelSupreme Court of Iowa · 1880