Blake v. McMillen

Supreme Court of Iowa

Blake v. McMillen

33 Iowa 150

CourtSupreme Court of Iowa

DecidedDecember 22, 1871

StatusPublished

Cited by4 cases

This text of 33 Iowa 150 (Blake v. McMillen) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blake v. McMillen, 33 Iowa 150 (iowa 1871).

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Opinion

Miller, J.

On a former appeal in this case, it was held that a presentment to one only of the two joint makers was not sufficient to charge the indorser, unless some legal [151]*151excuse be shown for the failure to make presentment to the other. Blake v. McMillen, 22 Iowa, 358. The agreed facts show that David Van Patter died before the maturity of the note; that Eliza Van Patter was his legal representative when the note became due and no excuse is shown for a failure to make presentment to her. Following the ruling on the former appeal the judgment is

Reversed.

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Miller, J.

On a former appeal in this case, it was held that a presentment to one only of the two joint makers was not sufficient to charge the indorser, unless some legal [151]*151excuse be shown for the failure to make presentment to the other. Blake v. McMillen, 22 Iowa, 358. The agreed facts show that David Van Patter died before the maturity of the note; that Eliza Van Patter was his legal representative when the note became due and no excuse is shown for a failure to make presentment to her. Following the ruling on the former appeal the judgment is

Reversed.

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Bluebook (online)

33 Iowa 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-mcmillen-iowa-1871.

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