Huckestein v. Herman

Decided October 23, 1877

Supreme Court of Pennsylvania · decided 1877-10-23

1, of Allegheny County, No. 195 October and November Term, 1876. This was an action on a note brought by J. J. Herman in trust for the Workingman’s Saving Bank af Allegheny City, against John Huckestein on a note for $1,600 made by John P. Wacker and endorsed by Huckestein as an accommodation endorser and “protest waived.” After the maturity of this note it appeared from the books of the bank that there was a balance of $448 due to Wacker.

Decided 1877-10-23

¶1The Supreme Court sustained the ruling of the coxxrt below in the following opinion delivered October 23, 1877:

Per Curiam.

¶2A waiver of protest before maturity of a note is a waiver of all the steps leading to it, and includes demand, and notice of nonpayment. This, we think, is the general understanding of a waiver of protest among business men. The very purpose of the waiver is to supersede the ordinary steps and avoid both trouble and expense. To waive the mere act of the notary, and yet to suffer the duty of making demand and giving notice of its result to remain, would scarcely be thought of by business men.

¶3The demand for the application of the deposit of $448 to this note is without equity. It was not a set off nor a counter claim of any sort while former overdue notes had an equal equity to demand application of the same to them. It constituted no defence.

¶4Judgment affirmed.