First-Mechanics National Bank v. Niedt

OinPHANT, S. C. C.

This matter comes before the court, sitting as a Supreme Court commissioner, on a motion to strike out the answer of the defendant Hazen on the ground that the same is frivolous. The only question raised by the pleadings is whether or not notice of dishonor was duly given the defendant, an endorser, by the plaintiff, the holder of the note sued on.

Plaintiff claims due notice of dishonor was given the defendant by the deposit of a notice of protest in the mails and supports this contention by affidavits. The defendant denies the receipt of any notice.

The denial of the receipt…