First National Bank v. Tamaqua Manufacturing Co.

Citations

• 71 Pa. Super. 39
• 1919 Pa. Super. LEXIS 24

Syllabus

<p>Promissory notes — Protest—Mailing notice — Waiver—Evidence.</p> <p>In an action against an endorser of a promissory note where it appeared that the note was duly protested for nonpayment and the notary certified that defendant had been notified thereof but that he later wrote to plaintiff a letter indicating that he had not notified defendant, and subsequently plaintiff wrote to defendant asking' payment of the note and received a reply acknowledging the receipt of their letter relative to the note and advising that it was arranging to adjust the same, the court did not err in submitting to the jury (1) whether defendant had notice of protest, and (2) whether in the absence of notice it had by its subsequent conduct waived the notice of dishonor.</p>