Worley v. Johnson

Citations

• 60 Fla. 294

Syllabus

<p>1. An endorser without qualification of a note engages that on due presentment, it shall be paid according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor being duly taken, he will pay the amount thereof to the holder.</p> <p>2. Presentment for payment unless dispensed with or excused is necessary in order to charge an endorser, but presentment may be expressly or impliedly waived.</p> <p>3. Notice of dishonor unless dispensed with or excused must be given to an endorser or he is discharged unless the notice is expressly or impliedly waived.</p> <p>4. Under the statute an endorser of a negotiable promissory note is not liable thereon as endorser if due presentment is not made to the maker for payment, and notice of dishonor is not given, unless presentment and notice are excused, dispensed with or waived.</p> <p>5. The rights of an endorser of a negotiable promissory note to have due presentment and notice before liability attaches to him thereon, are annexed by law for the benefit of the endorser, and under the terms of the statute such presentment and notice may be expressly or impliedly waived. Waiver may be implied from the conduct of the endorser.</p> <p>O. Where before the maturity of a negotiable promissory note an indorser thereof by unequivocal words or acts shows that ne regards his liability as indorser to be absolute and not to be dependent upon proper presentment for payment and notice to him _ of the dishonor of the note, or where the indorser by unequivocal words or acts fairly warrants the holder of the note to conclude that the indorser intended to assume an absolute liability or misleads the holder and induces him to dispense with the presentment for payment and notice of dishonor required by law to fix the liability of an endorser, the indorser may be regarded as having waived his right under the law to have due presentment made and notice of dishonor given to him. The words or acts of the indorser must be