Long, Assignee v. . Stephenson

72 N.C. 569

Opinion

Settle, J.

The authorities cited by the defendant’s counsel establish beyond controversy:

1. That the draft should have been presented for payment.

2. That notice of non payment should have been given in reasonable time to the defendant.

As both of these essential requisites to the maintenance of this action are wanting, we concur with his Honor that the plaintiff is not entitled to recover.

Pee Curiam. Judgment affirmed.