Bird v. LeBlanc

The judgment of the court was pronounced by

Eustis, C. J.

This is an appeal taken by the defendant from a judgment of the Court of the Sixth Judicial District rendered against him ns the endorser of a ^promissory note of Samuel M. D. Clark. On the back of the note is written, “I hereby waive protest on the, within note.” Signed by the defendant. The defence is, want of notice of non-payment of the note.

We do not consider that by this consent to waive a formal protest of the note the party bound himself to pay the note at all events. We understand the rule of law to be, that agreements of this…