I ) Relevant law: Uniform Commercial Code: The code says that presentment, notice, or protest is fully excused when the party to be charged has waived it directly or by implication before or after the payment on the promissory note was due. In addition, since this is a Delaware case, The Delaware Negotiable Instruments Law (1 6 Del. C. Chapter-1) allows waiver of presentment, notice of dishonor, and waiver of protest.
2) Conclusion- The outcome: I do not agree with the Wieners. The rationale is that even though Weiner’s liability as an endorser occurs only when dishonor, notice of dishonor, and protest takes place if the under the UCC if a person has made a waiver cannot use the objection that there is no presentment, dishonor notice, or protest. The Delaware law also has a similar provision.
The outcome is that Weiner is fully liable for the endorsement because he has explicitly waived his rights. Normally, an endorser becomes liable for the promissory note only when there is dishonor, notice of dishonor, and protest. However, in this case, the defense has been waived by Weiner himself. The Uniform Commercial Code allows for waiving the need said need and now since Weiner has waived the need for dishonor, notice, and protest, he is liable.
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