Frank Kiebitz & Sons, Inc. v. Berman

The plaintiff is the payee of a promissory note made by- a corporation, now bankrupt, and indorsed by the three defendants. In 1934 the plaintiff sued the defendants on this note, alleging due presentment, demand and notice of dishonor. Upon the trial it developed that the collecting bank had failed to present and protest the note, and the plaintiff was accordingly nonsuited at the close of its evidence. The judgment entered thereon did not contain the words “ without prejudice.” The plaintiff then commenced this action and served an amended complaint herein setting forth facts sufficient to…