Cruger v. Lindheim

Opinion by

Willson, J.

§ 96. Negotiable instruments; protest of; if premature, is nugatory; indorser; failure to duly protest and notify will discharge from liability, when. This is a suit by appellees against J. W. Cudd as the maker, and appellant, Cruger, as the indorser, of a negotiable promissory note, to recover the amount due upon said note, to wit, $553.12-£ and interest. Said note was executed for the purchase-money of land, and retained the vendor’s lien upon the land. Appellant excepted to the petition upon the ground that it stated no cause of action against him, because it showed…