National Bond & Investment Co. v. Flaiger

This is an action of contract brought by an indorsee upon a promissory note which was not signed in the presence of an attesting witness. The defendant bought an automobile from the original payee, W. H. White Motor Company, upon a contract of conditional sale, and on November 17, 1939, gave it his note for $235.68, payable in instalments to its order. By the terms of the note, if any instalment should not be paid when due, all instalments were immediately to become due at the option of the holder. *432On January 17, 1940, upon default in the payment of one instalment, the plaintiff elected to…