Third National Bank v. Ashworth

Contract on a promissory note, against William Ashworth as maker, and Benjamin E. Sargent as indorser. At the trial in the superior court, before Pitman, J., it appeared that no due presentment of the note, notice of default, or protest, was ever made. The plaintiffs relied on a waiver of demand and notice by Sargent, and offered evidence tending to show that after such omission he said to the plaintiffs’ messenger that he was glad that no protest had been made, for it would only have caused additional expense, and expressly promised to pay the note. Sargent testified to the contrary, and…