216 Mass. 350 | Mass. | 1914
The defendant not having argued his exceptions relating to the admission and exclusion of evidence and the refusal to give the third request, they are to be treated as waived, leaving for decision the question whether his first request, “that upon all the evidence the jury must find for the defendant,” should have been given, or, as stated in the defendant’s brief, whether the plaintiffs as matter of law were entitled to a verdict on the record. The defendant is an indorser on the promissory note in suit made by a corporation of which he was the president and his son was the treasurer. It was given as the second renewal of an original note for the same amount in the same form with the same indorsement, and the consideration is admitted. The defense is that, the note not having been duly protested, the indorser was discharged. But this very question was raised when the case was first before us upon the plaintiffs’ exceptions after a verdict on this ground had been ordered for the defendant. Sweetser v. Jordan, 211 Mass. 393. It was then decided, that there was evidence for the jury of a waiver of demand and notice by the defendant, and the case was remanded for a new trial. A review of the evidence introduced at the second trial,
So ordered.
The second trial was before Hitchcock, J. The jury returned a verdict for the plaintiffs; and the defendant alleged exceptions.