Supreme Court of Iowa, 1871

Blake v. McMillen

Supreme Court of Iowa · Decided December 22, 1871 · Miller

33 Iowa 150

Cases that cite this one

4 later published cases cite this decision.

Closz & Mickelson v. Miracle (Iowa 1897)
Luning v. Wise (Cal. 1883)
Graul v. Strutzel (Iowa 1880)
Bank of Red Oak v. Orvis (Iowa 1875)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Miller, J.

On a former appeal in this case, it was held that a presentment to one only of the two joint makers was not sufficient to charge the indorser, unless some legal *151excuse be shown for the failure to make presentment to the other. Blake v. McMillen, 22 Iowa, 358. The agreed facts show that David Van Patter died before the maturity of the note; that Eliza Van Patter was his legal representative when the note became due and no excuse is shown for a failure to make presentment to her. Following the ruling on the former appeal the judgment is

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.