Cato v. Jeffreys

Appellants brought suit against appellee as indorser on five promissory notes. Each of these notes contains the following clause: “We, the makers, sureties, guarantors and

endorsers severally waive presentment for payment, protest and notice of protest and non-payment of this note.”

■ Appellants’ second amended original petition sets out these notes in hsec verba, and in addition they specially pleaded that presentment for payment and protest had been expressly waived by defendant. During the trial of the case, appellants offered to prove the cause of action pleaded by the introduction of the…