109 P. 754 | Or. | 1910
Opinion by
The note in question matured September 1, 1906, at which time it should have been tendered to Holmes, the maker, for payment (Section 4473, B. & C. Comp.), unless presentment thereof was dispensed with in some manner (Section 4484, B. & C. Comp.). Notice of the dishonor should have been given to the indorsers, Brown and Fannie Barton (Section 4491, B. & C. Comp.), unless the necessity for such information had been waived (Section 4511, B. & C. Comp.), or was not required in order to hold an indorser (Section 4520, B. & C. Comp.).
The complaint herein does not bring the case within the sections of the statute hereinbefore noted, and hence is insufficient. The judgment is therefore reversed as to the defendants, Brown and Fannie Barton, and the cause is remanded, with directions to sustain their demurrers.
Reversed.