Harris v. Schafler

Lewis, David C., J.

This is an action for summary judgment by the holder of a negotiable promissory note against one of the indorsers. The indorser sets up as a defense that no notice of dishonor was given to or received by him.

The note contained a stipulation, “ The endorsers hereby waive notice of protest or dishonor.” The stipulation does not expressly cover presentment and did not expressly waive presentment or protest, but only notice of protest. (See Neg. Inst. Law, §§ 130, 180, 182.) The note is not to be confused with a foreign bill of exchange.

Presentment of note is one thing; protest…