Banco di Napoli v. Rosenbaum

The action is by the indorser of a promissory note against the defendant, a prior indorser.

The complaint contains two causes of action — the first, upon the theory that notice of dishonor was duly given to the defendant; the second, that the defendant waived notice of dishonor. We are of opinion that the complaint is not sufficient upon either theory.

The first cause of action contains no allegation that notice of dishonor was given to the defendant or to William S. Dooner, whom we will assume to have been the defendant’s agent for that purpose. It is only alleged that the bolder “ duly…