Neal v. Wood

Ray, Ch. J.

Action by the appellees against the appellants as indorsers of certain bills of exchange. The complaint avers that, at the time of the transfer to appellees, the following waiver was entered on each hill:

*524“Botice, demand, protest, and due diligence waived on account of the war and insurrection.

“J. S. &B. E. Beal.”

The complaint set out the hills of exchange by copy, alleged acceptance by the drawees, the waiver and nonpayment. Demurrers were filed and overruled to each paragraph of the complaint. It is insisted that the waiver is conditional in its terms, and that the complaint…