Phillips v. Dippo
Supreme Court of Iowa
Appeal from, Tama District Court. — Hon. J. R. Caldwell, Judge. Action at law upon a negotiable promissory note. A demurrer to tbe petition was overruled, and, the defendant electing to stand upon his demurrer, judgment was rendered in favor of the plaintiff for the amount which appeared to be due on the nóte. The defendant appeals.
1Opinion of the CourtRobinson, J.
The note in suit was made payable to defendánt or bearer, and contains the following: “The maters, indorsers, and guarantors of this note * * hereby waive presentment for payment, .notice of non-payment, protest, and notice of protest, and diligence in bringing suit against any party thereto.” Before the maturity of the note, the defendant wrote his name thereon, and transferred it, and it is now owned by the plaintiff. The grounds of the demurrer are that the defendant is an indorser of the note, and the petition fails to show that the note was duly presented for payment, that payment was…
2Cases cited6 opinions
- Bryant v. LordSupreme Court of Minnesota · 1872
- Farmers' Bank v. EwingCourt of Appeals of Kentucky · 1880
- Lowry v. SteeleIndiana Supreme Court · 1866
- Davis v. MillerSupreme Court of Iowa · 1893
- Bryant v. Merchants BankCourt of Appeals of Kentucky · 1871
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3Cited by7 opinions
- German American Savings Bank v. HannaSupreme Court of Iowa · 1904
- Iowa Valley State Bank v. SigstadSupreme Court of Iowa · 1895
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Mooers v. StalkerSupreme Court of Iowa · 1922
- Scott v. SmithIdaho Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.