Farmers' & Mechanics' Nat. Bank of Fort Worth v. Head

The writ of error herein presents the question of whether or not defendant in error Head has been discharged as in-dorser upon a promissory note of $5,000, payable to the plaintiff in error, which in turn depends upon whether or not the failure of the bank to give the indorser notice of the dishonor and nonpayment of the note by the maker has been waived. The trial court instructed a verdict for the defendant Head,- and the Court of Civil Appeals affirmed that judgment (268 S. W. 992).

The plaintiff in error presents the matter to us, as it did in the Court of Civil Appeals, upon these…