Cooper v. Merchants' & Munufacturers' National Bank

Dissenting Opinion.

Henley, J.

—I can not agree with the conclusion reached by the majority of the court in this cause. The only evidence or circumstance tending to prove notice upon the part *350of the holder of the note in suit of equities existing between the original parties to this note was the fact that the note did not show that the past due interest was paid at the time the note was purchased. It is hard to understand how the non-payment of interest can be held to be notice of the dishonor of commercial paper when such non-payment itself does not amount to dishonor.

The question in a case of…