Harral v. Sternberger

Van Wyck, Oh. J.

The appellant was sued as the payee indorser of a promissory note and the complaint alleged due demand' of payment, refusal and notice thereof to this defendant-appellant. *275At trial plaintiff was allowed; against appellant’s objection, to prove an oral promise made after maturity by appellant to pay this-note, and appellant himself, although denying that he had so promised, stated that at the time of the conversation which, plaintiff contended made the promise, he was informed by plaintiff that the note had not been presented for payment, nor had it been protested. The…