Hallowell & Brownlee v. Benitz

BICKLEY, Justice.

In a suit by appellant upon a note upon which appellee Luehini was an indorser sought to be charged, the cause was dismissed as to the defendant Luehini.

The complaint, among other things, alleged that at the maturity of the note plaintiff presented the note at the place of payment designated therein, namely, at the office of the First National Bank, Hatch, N. M., and demanded payment of the same, but said note was not paid:

The action of the court in dismissing the case as to defendant Luehini' is the error complained of on this appeal.

Appellee asserts that presentment and…