BILLS AND NOTES - WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR

Authors

Abstract

The defendant was an accommodation indorser on a demand note without interest. Almost three years after date of the note the holder notified defendant that repeated attempts had been made to secure payment from the maker, but without avail, and that the defendant was expected to pay. This resulted in a conversation between holder and defendant in which defendant indicated that it was not convenient for him to pay the note, and some discussion occurred as to the defendant's giving collateral security and an effort on his part to get some protection from the maker, the holder allowing the note to stand awhile. A similar conversation occurred several months later, of which nothing came, and almost a year later the holder caused the note to be "formally protested" and sued the defendant. Held, on defendant's motion for a directed verdict, that the failure to cause presentment and give notice of dishonor for three years was an unreasonable time and the evidence was insufficient to establish a waiver of presentment and notice of dishonor. First Nat. Bank of Morristown v. Turner (N. J. 1931) 157 Atl. 665.

Recommended Citation

BILLS AND NOTES - WAIVER OF PRESENTMENT AND NOTICE OF DISHONOR, 30 Mich. L. Rev. 967 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss6/18