First Nat. Bk. of Granville v. Delone

Opinion by

Mr. Justice Linn,

June 30, 1933:

Defendant appeals from judgment on a verdict for the balance due on two promissory notes made by Royal Manufacturing Company to the order of G. S. Garman, endorsed by Garman and the defendant.

The statement of claim averred that defendant had waived presentment and notice of dishonor orally on four specified dates, some before and some after maturity. Defendant denied the alleged waiver and averred want of presentment and notice. Plaintiff offered evidence to support its averment of waiver; in part, defendant’s evidence contradicted it, and, in part,…