Mercer v. Hydrocarbon Converter Co.

Finch, J.:

The action was brought by the plaintiff as the assignee of a note made by the defendant Hydrocarbon Converter Company, *79and indorsed by the defendant Thomas A. Nevins. The complaint alleged a waiver of presentation and of a notice of protest. The answer admitted all the material allegations of the complaint, except that it denied the alleged waiver, and as a defense set up a failure of presentation and notice of protest. Whether or not there was this waiver was the only issue litigated.

It appears that the defendant Nevins is the president of the defendant corporation; that he…