Moore v. Alexander

The demurrer upon the ground of a defect of parties, having, apparently, heen waived, hut a single question of law is presented.

The action is brought by an indorsee of a promissory note against the personal representatives of an indorser, .and the inquiry relates to the sufficiency of the allegations to excuse the plaintiff’s omission to make demand upon the maker, and to give notice of nonpayment to the indorser, as a condition of the enforcement of the demand against the latter.

It is not questioned, nor open to question, that, unless excused, the failure of demand .and notice is fatal to…