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Confidential Finance Co. v. Monastersky

Decided: January 2, 1930.

CONFIDENTIAL FINANCE COMPANY, RESPONDENT,
v.
SAMUEL MONASTERSKY, JACOB MONASTERSKY, DEFENDANTS; WILLIAM V. FISCH AND WILLIAM POLESHUCK, DEFENDANTS-APPELLANTS



On appeal from the District Court.

For the appellants, Herman B. J. Weckstein.

For the respondent, Isador V. Davis.

Before Justices Parker, Black and Bodine.

Parker

The opinion of the court was delivered by

PARKER, J. The only point calling for any particular consideration is the legal effect of the clause of waiver of protest and notice on the back of the note in suit, made by Samuel Monastersky and endorsed by the other three defendants. It is conceded that no notice of dishonor was given as required ordinarily by statute and common law.

The note was endorsed as follows:

"Protest and notice of non-payment of this note is hereby waived [sic].

WILLIAM V. FISCH,

J. MONASTERSKY,

WILLIAM POLESHUCK."

There was no denial of the signatures, and the defenses specified in response to a demand were, first, failure to give notice of protest, second and third, some vague allegation of laches or estoppel. The court directed a verdict for plaintiff against all the defendants, after refusing a nonsuit, for which no ground was urged.

The first point now made is that a waiver in the form set out above binds only the first endorser signing thereunder (in this case Fisch) and not later endorsers such as Poleshuck, in view of the language of section 110 ...


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