Lititz N. Bank v. Siple

Citations

• 145 Pa. 49
• 22 A. 208
• 1891 Pa. LEXIS 646

Syllabus

<p>(as) The maker of a matured note, held in bank, telegraphed to the payee and indorser, “ Can I draw for note due to-day?” Receiving the reply “ Yes,” the maker drew for an amount larger than the amount of the note. The bank took the draft, charged the note to the maker, and transmitted the draft for collection:</p> <p>1. The indorser was not bound to accept the draft for the amount for which it was drawn; nor was his telegram in reply to that of the maker a waiver of notice of non-payment of the note. In such case, the note not having been paid, or protested for non-payment, the indorser was discharged from liability thereon.</p>