People's National Bank v. Houston

Citations

• 16 Del. 250

Syllabus

<p>Negotiable Instrument, Evidence.—In an action on a promissory note against an endorser, payable at a partícula' bank where the narr. alleges presentment for payment to the defendant, evidence of presentment for payment at the bank at maturity is inadmissible.</p> <p>Same.—The notes sued upon, copies of which were filed as a bill of particulars, showed “ protest waived.” It was held that the waiver of protest not being alleged in the counts on the notes, could not be proved.</p> <p>Pleading.—In a suit upon promissory notes, a waiver of protest, if relied upon as an excuse for not presenting the notes for payment must be alleged in the narr.</p>