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· 7/1/1859

Jerome v. Stebbins

Citations

  • 14 Cal. 457

Syllabus

<p>As indorser of a note payable on demand, no demand being made until thirteen months after the indorsement to plaintiff, is prima facie, not liable. The delay is unreasonable.</p> <p>In such case, facts to excuse the delay are an essential part of the complaint, and, if not-averred therein, it is insufficient.</p> <p>Every fact which, if controverted, plaintiff must prove to maintain his action, must, be stated in the complaint.</p>

Judges: Cope

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