Haber v. Brown

Citations

• 101 Cal. 445
• 35 P. 1035
• 1894 Cal. LEXIS 1056

Syllabus

<p>NON-NEGOTIABLE NOTE—CONTINGENT PeOVISION FOE AtTOBNEy’e FEES.— A promissory note payable to the order of the payee is rendered nonnegotiable by a contingent provision contained therein for the payment of attorney’s fees in case of suit.</p> <p>Id.—Liability of Immediate Indoesee.—In respect to the immediate indorsee of the payee of a non-negotiable promissory note, the indorsement will ordinarily create the same liabilities and obligations as the indorsement of a negotiable note.</p> <p>Id.—Demand and Notice.—Demand and notice ought to be required in order to charge such immediate indorser, where the words written over the blank indorsement show that the signature was considered and treated by the indorsee as if it were an indorsement of negotiable paper.</p> <p>Id.—Pbesentment of Note.—A note not payable at any particular place is payable and should be presented for payment at the residence or place of business of the maker, or wherever he may be found, at the option of the presenter.</p> <p>Id.—Excuse Fob Presentment. —It,is only where the maker has no place of business or residence within the state, or where his residence or place of business cannot be ascertained with reasonable diligence, that presentment for payment is excused.</p> <p>Id.—Diligence Requibed—Place of Pbesentment—Date of Note.— Merely looking for the payor at the place where the instrument is dated is not of itself due diligence, but presentment must be shown to have been made at the person’s last known place of residence or business; and, if his removal from the place of date, and his acquisition of a new domicile in the same state, was previously known to the indorsee, demand must be made at his new place of residence.</p> <p>Id.—Insufficient Pleading—Knowledge of Maker’s Residence.—A complaint seeking to charge an indorser by notice of protest, which shows upon the face of the pleading that the note was not in fact presented at • maturity to the maker, but seeks to excuse presentment merel