Colonial Trust Co. v. Morse

Lewis, J.,

The defendant, J. H. Lorimer, sets up as defenses to this action against him as endorser of a promissory note: First, that the note having been executed and delivered Dec. 22, 1924, with his endorsement thereon, and no demand for payment having been made upon the maker until June 30, 1926, he, as accommodation endorser, was discharged from liability; and, secondly, that plaintiff should have collected the amount of the note from the maker’s interest in an estate which had been assigned to plaintiff as collateral.

*314While our conclusion upon the first defense renders any consideration…