Bank of Conway v. Stary

Bronson, Ch. J.

(concurring).. Plaintiff bank is the holder and payee of the note involved; defendant Stary is the maker thereof. Defendant Sutherland is an accommodation endorser in blank of the note before delivery. The note on its face bears the printed words, — “The makers and endorsers each guarantee the payment of this note and waive demand, protest, and notice of nonpayment, and consent to anv extension of time of payment or renewal thereof without notice.” Defendant Stary did not put in a defense and is in default. The defense of defendant Sutherland is that after the maturity of the…