Galbraith v. Shepard

Citations

• 43 Wash. 698
• 86 P. 1113
• 1906 Wash. LEXIS 770

Syllabus

<p>Bills and Notes — Indorsers-—-Presentment—Notice of Dishonor. An. indorser on a note is not liable in tbe absence of presentment and demand upon the makers at maturity, and notice of dishonor, or waiver thereof.</p> <p>Same — Action Against Indorser — Pleadings and Proof — Waiver of Demand and Notice. In order to prove waiver of presentment, demand, and notice by an indorser of a note, the facts excusing such presentment or showing waiver thereof must be specifically pleaded.</p> <p>Appeal — Review—Erboes Favorable to Appellant. Error in allowing a plaintiff to prove waiver of demand and notice by an indorser, without having pleaded the same, is error favorable to the plaintiff, of which he cannot complain after verdict against him.</p> <p>Bills and Notes — Demand—Notice. Where a note gives the option to declare the whole sum due upon default in the payment of interest, presentment and demand upon the makers, and notice of dishonor must he shown to hold an indorser; action on the note not being sufficient notice except as to persons primarily liable; especially in view of Laws .1899, p. 353, § 70, requiring such notice.</p>