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21 Kan. 274

Braley v. Buchanan

Supreme Court of Arkansas

Decided July 15, 1878

Supreme Court of Arkansas · decided 1878-07-15

Error from Crawford Eistrict Court. . The district court, at January Term, 1878, gave judgment for Buchanan, defendant, and against Braley, plaintiff, who brings the case here.

Decided 1878-07-15

¶1The opinion of the court was delivered by

Valentine, J.:

¶2S. R. Greenwood executed a negotiable promissory note to William A. Buchanan. Buchanan indorsed the same merely for the accommodation of Greenwood, and Greenwood then received the original and only-consideration for the note from John W. Braley, who was the first and only holder of the note for value. The note was not paid when it became due, and no notice of its dishonor was given to Buchanan. Was Buchanan discharged from all liability on said note because of such failure to give him notice? We think he was discharged. Notice of non-payment of a negotiable promissory note must be given tó an accommodation indorser as well as to any other indorser, or he will be discharged from all liability on such note. The case of Bradford v. Pauly, 18 Kas. 216, is almost precisely in point. See, also, the case of Doolittle v. Ferry, 20 Kas. 230.

¶3The judgment of the court below will be affirmed.

All the Justices concurring.
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