Browning v. Andrews

OPINION OF THE COURT.

This is a motion for a new trial. The plaintiff brought this action against the defendant as indorser of a promissory note, payable at the Bank of Michigan. At the trial the defendant objected to the evidence of the presentment of the note to the bank, and demand of payment when it became due; and also as to the sufficiency of the notice. The objections were overruled and the evidence was permitted to go to the jury, with a reservation of the questions of law.

1. The note was presented to the bank and a demand of payment made, by the clerk of the notary, who, it is alleged…