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indorser's conditional undertaking

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 28 U.S. 87 - George Magruder v. The Union Bank of Georgetown · 1830Most cited · 11 citing opinions

No principle is better settled in commercial transactions, than that the undertaking of the indorser is conditional. If due diligence be used to obtain payment from the maker, without success, and notice of non-payment be given to him in time, his undertaking becomes absolute; not otherwise. Due diligence to obtain payment from the maker, is a condition precedent, on which the liability of the indorser depends.