Torbert v. Montague
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Hon. Booth M. Malone, Judge. Action by Edna Montague against W. E. Torbert. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtJustice Maxwell
A trial to the court below, without a jury, resulted in a judgment against appellant as indorser upon three promissory notes.
It is conceded that there was no presentment of the notes for payment, as required by section 70, and no notice of dishonor, as required by section 89 of the Act of 1897, “Negotiable Instruments,” 3 Mills’ *326(Rev.) Stats.,, sections 245m and 247d. But it is claimed that there was a waiver of presentment and notice of dishonor under sections 82 and 109 of the above statute, which are as follows:
‘£ Section 82. Presentment for payment is dispensed with: 3. By waiver of…
2Cases cited7 opinions
- Union Bank of Georgetown v. MagruderSupreme Court of the United States · 1833
- Bruce v. LytleNew York Supreme Court · 1852
- Dunn v. GhostSupreme Court of Colorado · 1879
- Martin v. ColeSupreme Court of Colorado · 1876
- Bryant v. WilcoxCalifornia Supreme Court · 1874
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3Cited by6 opinions
- Whitney v. ChadseyMichigan Supreme Court · 1921
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- Moll v. Roth Co.Oregon Supreme Court · 1915
- Worley v. JohnsonSupreme Court of Florida · 1910
- Lieberman v. FoxSupreme Court of Minnesota · 1924
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