Gargiulo v. Eastern Auto Sales, Inc.

Although the complaint contained two* counts, we are concerned only with the second, by which the plaintiffs sought to recover the amount, alleged to be due upon a promissory note made by the named defendant and indorsed by the other three defendants. Each of the indorsers averred,, by way of special defense, that when the note fell due it was not presented for payment and was not protested for nonpayment and that neither notice* *414of nonpayment nor notice of protest was given to them. The court rendered judgment for the plaintiffs to recover of the named defendant the amount due on the note,…