123 Minn. 530 | Minn. | 1913
Action against the payee of a promissory note who had transferred the saíne before maturity to plaintiff by his indorsement waiving demand, notice of demand and nonpayment. Defense that the waiver found above the indorsement was placed thereon after the transfer. Verdict for defendant. On motion of plaintiff the court granted a new trial on the ground that the verdict is not justified by the evidence. Defendant appeals.
The order must be affirmed. Defendant testified positively that the waiver, which was by a rubber stamp, was not on the note when he signed his name on the back thereof. Plaintiff cashier is equally positive in his testimony that
Order affirmed.
