Leathers v. Turner

P. C. Leathers insist? first that the court erred in overruling subparagraphs “e” and “d” of his demurrer to the original petition. These subparagraphs aver that the petition failed to set out a cause of action because it did not allege presentment of the notes to the maker for payment and notice of their dishonor to the defendant indorser, Leathers; there being no waiver of such notice. The negotiable-instruments law provides that, “Except as herein otherwise provided, presentment for payment is necessary in order to charge the drawer and indorsers.” Code, § 14-701 (Ga. L. 1924, p. 141).…