Carey Lombard Lumber Co. v. First National Bank

GAINES, Associate Justice.

In this case the Court of Civil Appeals certify for our decision the following question:

“ In order to fix the liability of an endorser of negotiable paper that carries with it days of grace, must it be protested for payment on the third day of grace or the day immediately following the third day ? In other words, was the protest on the third day of grace, as had in this case, premature ?”

We are of opinion that in order to fix by protest the liability of an endorser upon a promissory note, the protest should be made on the last day of grace. Article 273 of the Revised…