Sigerson v. Mathews,
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61 U.S. 496 (1857)
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U.S. Supreme Court
Sigerson v. Mathews, 61 U.S. 20 How. 496 496 (1857)
Sigerson v. Mathews
61 U.S. (20 How.) 496
Where the endorser of a promissory note, in conversation with the agent of the holder, before its maturity, dispensed with a presentation of the note and demand of payment, and promised to pay it, or provide for its payment, at maturity, he could not, when sued, set up as a defense that the note was not presented for payment and demand made therefor when it was due, and that no notice of its dishonor was given.
If, after the maturity of the note, the endorser promised the agent of the holder to pay the same, having at the time of making such promise knowledge of the fact that the note had not been presented for payment, and no demand made therefor or notice of nonpayment, he could not, when sued, set up as a defense a want of such demand or notice.
The facts are stated in the opinion of the Court.