Eastman v. Turman

Citations

• 24 Cal. 379

Syllabus

<p>Action on Note—Parties to.—Where a promissory note and a mortgage to secure the same are executed and delivered to the same person, and the payee of the note and mortgagee indorses the note and assigns the mortgage to a third person, who brings an action on the note and to foreclose the mortgage, it is not a misjoinder of parties defendant to join as defendants the indorser and maker of the note.</p> <p>Same—Note—Mortgage.—In such case, under the provisions of the Practice Act, it is not an improper joinder of two causes of action to sue the indorser of the note on his liability as such, and to ask a decree against the mortgagor foreclosing the mortgage.</p> <p>Notice to Indorser.—A notice given to the indorser of a promissory note, made payable at a banking house, which states ft that the note, on the day it matured, was presented for payment at the banking house of (naming the banking house where the same was payable,) and payment thereof demanded, and thereupon the same was duly protested for non-payment,” is a sufficient notice of demand, refusal, and non-payment, to charge the indorser.</p> <p>Indorser of Note—Payable in Instalments.—Where such note is payable in instalments due at different times, and the demand on the maker is not made until the last instalment falls due, and the demand is made for the whole amount due on the note, including the prior instalments, the demand is good for the purpose of charging the indorser for the last instalment.</p>