O'Neal v. Mason

PEE CURIAM.

This case, in large part, is controlled by that of Dudley L. O’Neal, Adm’r, et al. v. Franklin A. Clark, 228 Ala. 21, 155 So. 562.

The excuse alleged in count 5 for failure to give due notice of dishonor of the negotiable instrument (certificate of deposit) here involved, was insufficient under this authority, and the demurrer thereto should have been sustained. And the proof of notice of dishonor, alleged in count 1 to have been duly given, was insufficient in support thereof.

The date of maturity was April 1, 1933. The letter to each of the defendants bearing date April 4, 1933, is…