Mitchell v. St. Mary

This was a suit by the appellant. John Mitchell, upon four promissory notes, and to fore*112close a mortgage of certain real estate securing said notes. The notes were executed by Peter St. Mary to Curran F. Oain, were payable in a bank, and contained a stipulation that “the drawers and endorsers severally waive presentment for payment, protest,” etc., and “all defenses on the ground of any extension of. time of payment that may be given by the holder or holders to them or either of them.” The complaint alleged the endorsement in blank by Oain of the notes, the assignment of the mortgage, and the…