Loveday v. Anderson

Citations

• 18 Wash. 322
• 51 P. 463
• 1897 Wash. LEXIS 165

Syllabus

<p>PROMISSORY NOTES—WAIVER OF NOTICE BY INDORSERS—WHAT CONSTITUTES —PLEADING — DUPLICITY.</p> <p>The indorsement of a promissory note by the holder and an accommodation indorser, made beneath a printed form of guaranty and waiver of notice of non-payment, amounts to a waiver on the part of the indorsers, although the blanks in the printed form are not filled out nor the signatures of the indorsers attached directly beneath such printed form, when it appears that the note should be regarded as the instrument of the indorsers in securing its discount and should be most strongly construed against them. (Gordon and Anders, JJ., dissent.)</p> <p>The allegations of a complaint in an action on a promissory note that the indorsers thereof waived notice is not inconsistent with allegations showing also that the holder was excused from giving notice by the subsequent action of the indorsers.</p>