Gibbs v. Guaraglia

The opinion of the court was delivered by

Pitney, J.

This action was brought to recover the amount due upon a promissory note dated June 27th, 1903, made by one Henry Breuck to the order of William Shaffer, payable on demand after date at the Second National Bank of Hoboken, and endorsed in blank by defendants’ testator before delivery to the payee. Plaintiff is the holder of the note by assignment from the payee.

Guaraglia, the endorser, died October 26th, 1904. The note was not presented at bank for payment during his lifetime, nor thereafter until July 18th, 1905, when it was protested for…