Evans v. Comins
Ohio Court of Appeals
Error: Court of Appeals for Scioto county. August 3, 1911, Hester Ann Copeland and Arthur J. Copeland executed and delivered to Nelson W. Evans their five promissory notes, for $500 each, payable to him one year after date. Before the end of August, 1911, Nelson W. Evans, for a full and valuable consideration, sold and delivered two of the notes to Alice and Kate Comins, and signed his name on the back of each note. The notes contained no waiver of protest.
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Error: Court of Appeals for Scioto county. August 3, 1911, Hester Ann Copeland and Arthur J. Copeland executed and delivered to Nelson W. Evans their five promissory notes, for $500 each, payable to him one year after date. Before the end of August, 1911, Nelson W. Evans, for a full and valuable consideration, sold and delivered two of the notes to Alice and Kate Comins, and signed his name on the back of each note. The notes contained no waiver of protest. Presentment for payment was never'made or attempted, and' notice of dishonor was never given to the indorser, Nelson W. Evans, who died…
1Opinion of the CourtSayre, J.
Section 8214 provides that notice of dishonor may be waived expressly or by implication.
Waiver of demand and notice must be clearly shown. Second National Bank of Cleveland v. McGuire, 33 Ohio St., 295.
The necessity to give notice of dishonor is dispensed with by such conduct on the part of the indorser toward the holder of negotiable paper as is calculated to put a person of .reasonable prudence off his guard or to induce him to omit to give such notice. Boyd v. Bank of Toledo, 32 Ohio St., 526.
It appears from the testimony that Nelson W. Evans for several years had been selling notes to…
2Cases cited1 opinion
- Bryant v. WilcoxCalifornia Supreme Court · 1874