American Bank & Trust Co. v. McIntire

Broyles, O. J.

1. “ Where a negotiable promissory note payable on its face at a bank is indorsed by the payee, whether for value or for *594accommodation, lie is entitled to notice of nonpayment and of protest, as provided for by section 2781 [section 4280 of the Civil Code of 1910] of the code.” Apple v. Lesser, 93 Ga. 749 (21 S. E. 171); Aldine Mfg. Co. v. Warner, 96 Ga. 370 (23 S. E. 404); Sibley v. American Exchange Bank, 97 Ga. 126 (4), 145 (25 S. E. 470). And such “notice is a condition precedent to his liability, and must be averred and proved.” Hall v. Davis, 41 Ga. 614. See also, in this…