Rauer v. Sigourney

Citations

• 107 Cal. 282
• 40 P. 430
• 1895 Cal. LEXIS 747

Syllabus

<p>Action upon Note — Execution — Indorsements — Admissions of Answer—Evidence.—In an action upon a note which is set out in the complaint with the indorsements thereon, where the complaint specifically avers the execution o£ the note and its indorsement by the payees and by another party, and none of these averments are denied in the answer, except the last indorsement, no evidence is necessary as to the execution of the note, or as to the first indorsement.</p> <p>Id.—Liability of Indorser—Time of Demand.—Where a note is payable at a specified date, and there is no waiver of demand and notice, in order to charge an indorser who has indorsed the note before maturity, it is essential to his liability that a demand should be made upon the maker upon the very day upon which the note falls due; and where it is not made until the following day, and no excuse therefor is claimed or proved, the effect is to discharge the indorser from liability.</p>