Curtis v. Sprague

Citations

• 51 Cal. 239

Syllabus

<p>Indobseb of Pbomissoet Note.—If the indorser of a promissory note, after it falls due, promises to pay the same, with a knowledge that the holder has failed to give notice of non-payment and make demand of payment, the promise dispenses with the necessity of demand and notice.</p> <p>Vebbal Pbomise by Indobseb to Pay Note.—A statement made by the indorser of a promissory note, after it falls due, to the holder, that he is responsible for the note, is in effect a promise to pay it.</p> <p>Indobsement of Note zn Blank.—If the payee of a promissory note indorses it in blank, and delivers it to another, the note becomes payable to the transferee, not as indorsee, but as bearer.</p> <p>Idem.—The facts that the payee indorses a note in blank, and delivers it to a person who afterwards reassigns it to him without recourse, and that the payee then delivers it to another person, do not change the rule.</p> <p>Pabty Plaintiff.—If, in an action on a promissory note, it appears that the legal title is wholly in the plaintiff, it is error for the court to permit another to be joined with him as plaintiff, although such other may have an equitable right to a part of the proceeds of the note when collected.</p>