2005 Idaho Code - 28-21-102 — LIABILITY OF INDORSER

                                  TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 21
                   INDORSEMENT OF NONNEGOTIABLE INSTRUMENTS
    28-21-102.  LIABILITY OF INDORSER. Every assignor, his heirs, executors or
administrators, of every such instrument in writing, is liable to the action
of the assignee thereof, his executors, or administrators, if such assignee
has used diligence, by the institution and prosecution of a suit against the
maker of such instrument, or against his heirs, executors or administrators,
for recovery of the money or property due thereon, or damages in lieu thereof;
but if the institution of such suit would have been unavailing, or the maker
had absconded or left, or was absent from the state when such assigned
instrument became due, or absconds within twenty (20) days thereafter, such
assignee, his heirs, executors or administrators, may recover against the
assignor, or his heirs, executors or administrators, as if due diligence by
suit had been used. By "due diligence" shall be understood the institution of
suit within sixty (60) days after the maturity of the obligation.