Smith v. Dowden

The opinion of the court was delivered by

Bergen, J.

The plaintiff brought suit against the executor of George A. Dowden, deceased, to enforce the alleged liability of defendant’s testator as endorser and guarantor on a promissory note.

The note, made by Clara Collins, bears date October 1st, 1909, payable two months after date to the order of S. Collins for $1,100, endorsed by the latter and Dowden and purchased before maturity by the testator of the plaintiffs.

To induce the purchase, Dowden signed and delivered to the purchaser the following writing: “I hereby waive demand, protest and notice…