Moses Buchanan & Co. v. Marshall
This text of 22 Vt. 561 (Moses Buchanan & Co. v. Marshall) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[563]*563The opinion of the court was delivered by
The defendant’s agreement, at the time of indorsing the note, to waive notice presupposes, that he did not intend to waive demand upon the maker ; and there is nothing in the case to excuse the demand upon the maker. The defendant was thereby discharged. There is no necessity to determine the other point in the case ; but there is a case in Pickering’s Reports, which decides, that, under such a state of facts, the indorser is exonerated by the naked agreement to wait, if in the mean time the maker or surety become insolvent.
Judgment affirmed.
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