Whittier v. Collins

Petition for new trial in a suit against an indorser of promissory notes, upon the ground that erroneous instructions were given to the jury. It was admitted at the trial that there was no legal demand arid notice, but it was claimed that this was waived by the fact that the defendant stated to the plaintiff, when the loans were negotiated, that he held a bill of sale of certain property belonging to the maker of the notes, to protect him as indorser of said notes. The defendant denied that he had security and that he so stated, but requested the court to charge that the mere holding of…