39 Minn. 365 | Minn. | 1888
The defendant Brackett, at Minneapolis, in this state, on February 28, 1887, executed his promissory note, payable
To the general rule that, in order to charge an indorser of a promissory note, payment must be demanded of the maker, either personally or at his residence or place of business, there are several exceptions, all based on the presumption that, under the facts constituting such exception, the holder, after all due diligence, will find it impracticable to make such a demand. One of these exceptions is where the maker removes from the state where he resides at the making of the note, and takes up a permanent residence elsewhere; in which case the holder need not follow him to make demand, but it is sufficient to present the note for payment at the former place of residence of the owner. McGruder v. Bank of Washington, 9 Wheat. 598; Taylor v. Snyder, 3 Denio, 145, (45 Am. Dec. 457;) Gist v. Lybrand, 3 Ohio, 307, (17 Am. Dec. 595;) Foster v. Julien, 24 N. Y. 28; Adams
Judgment affirmed.