BILLS AND NOTES - PRESENTMENT - WAIVER

Authors

Abstract

In an action by the holder against the indorser of a promissory note the question, on the defendant's motion to strike, was whether there was raised a question of fact as to a waiver by the defendant of presentment and notice of dishonor. The plaintiff relied on two letters as evidence of such waiver. One, a letter from the plaintiff to the defendant stating that the note was past due and not paid; and the other, the reply of the defendant Samuel Kullman to the indorser, that "the note will be taken care of not later than next week," but which was written on the stationery of the Kullman Dining Car Co., Inc., and signed "Kullman Dining Car Co., Inc., by Samuel Kullman, Pres." Held, this was not evidence of waiver of presentment and notice of dishonor by the indorser for there was no unequivocal, unconditional promise to pay after maturity by the defendant Kullman individually. Reese-Taylor Co., Inc., v. Kullman et al. (N. J., 1931) 155 Atl. 893.

Recommended Citation

BILLS AND NOTES - PRESENTMENT - WAIVER, 30 Mich. L. Rev. 298 (1931).
Available at: https://repository.law.umich.edu/mlr/vol30/iss2/14