Farmers' Bank v. Waples , 4 Del. 429 ( 1846 )

The Court

refused the nonsuit without hearing the other side. (1 Greenleaf’s Ev. 153, § 184.) “ The want of a protest is excused by proof that the defendant requested, that in case of the dishonor of the bill, no protest should be made. (Story on Bills, § 275, 280; Chitty & Hulme on Bills 452; 2 Stark Ev. 270; 3 N. Hamp. Rep. 32, Barry vs. Morse; 8 Taunt. 92; 4 Com. Law Rep. 31.)

The plaintiff had a verdict.