In this case, the seventh instruction for the defendant was, that the indorser of a note could not be held without demand and notice. This, under our statute, was erroneous.
The judgment is reversed and the cause remanded.
Judgment reversed.
Peomissoky notliability of indorser. It is not nece'ssaryin this State, in order to fix the liability of the indorser of a promissory note to the in-dorsee, that the latter should prove a demand upon the maker of the note, a refusal to pay, and notice to the indorser of non-payment.
Appeal from tbe Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.
This was an action of assumpsit, brought by Nathan G. Harding and Alvin Bryan against John W. Dilley, as in-dorser of a. promissory note made by one Seneca S. Lake, to defendant, and by him indorsed to the plaintiffs. Upon a trial in the circuit court judgment was rendered in favor of the defendant, from which the plaintiffs appeal.
Messrs. Kidder & Noecboss, for the appellants.
Messrs. StewaRt & Phelps, for the appellee.
In this case, the seventh instruction for the defendant was, that the indorser of a note could not be held without demand and notice. This, under our statute, was erroneous.
The judgment is reversed and the cause remanded.
Judgment reversed.