Peoples Bank and Trust Company v. Feldman

Lewis, J.,

This is a rule for judgment for want of a sufficient affidavit of defence. The action is upon a promissory note made by a corporation of which the defendant is president, and which was endorsed by the defendant individually. The affidavit of defence sets up that no notice of dishonor was given to the defendant as endorser, and that he is, therefore, discharged from liability.

In the present state of the record the rule must be discharged. Under section 89 of the Negotiable Instruments Law (Act of May 16, 1901, P. L. 194), notice of dishonor must be given to each endorser or else he…