Goffe & Carkener, Inc. v. Gurley

The opinion of the court was delivered by

Harvey, J.:

This was an action by a holder in due course of a promissory note against the endorser thereof in which it was alleged *633that defendant had waived presentment for payment, demand, protest, and notice of protest. These allegations were specifically denied by defendant. These were the controverted issues in the case. A trial to the court resulted in judgment for plaintiff. Defendant has appealed.

The facts are not seriously controverted. On June 25, 1932, J. P. Burns, of Salina, for value, executed his promissory note, payable to the order of Ben…