Cambridge State Bank v. Dwyer

The opinion of the court was delivered by

Marshall, J.:

The action is brought by the plaintiff as indorsee to recover on a promissory note. Judgment was rendered in favor of the plaintiff on the pleadings and the opening statement of counsel for the defendant. The defendant appeals.

The note, dated June 16, 1928, contained the following provision:

“The makers and indorsers of this note hereby severally waive presentment for payment, notice of nonpayment, protest and notice of protest, and consent-that time of payment may be extended without notice thereof.”

The answer and the trial statement of…