Zisman v. Gateman

This action is now prosecuted by the administratrix of the estate of Morris Zisman on a promissory note made by one Goldman, payable to Zisman and indorsed before delivery by Rose Sweet and the defendant. The only defence now urged is based upon the admitted fact *520that no notice of presentment and dishonor was given to the defendant. The indorsements were in the following form:

“Waiving presentment, demand and notice.

Rose Sweet

Joseph Gateman

Waiving presentment, demand and notice.”

The negotiable instruments law provides that “Where the waiver is embodied in the instrument itself it is binding…