Kohler v. Montgomery

Lutz dé Lpjjiler made a note, payable at a bank, to Kohler. The note was dated February 3, 1860, and was payable one hundred and twenty days after date. Koh'er indorsed the note to the plaintiff. The complaint, which is against the maker and indorser, avers that the note was duly presented for payment, &c., but does not name the day when, &c. Lm1z c6 Tjpffler made default. Kohler put in the general denial. Trial; judgment for the plaintiff.

The proof was that demand of payment, and notice of nonpayment, so far as there were any, were made on June 5,1860. This was premature, by one day.…