Merchants National Bank of Poughkeepsie v. Parker

New York Supreme Court

Merchants National Bank of Poughkeepsie v. Parker

12 N.Y. St. Rep. 558

New York Supreme Court·Decided December 13, 1887·Published

Opinion

Pratt, J.

Had the check been presented within five days from the time appellant paid it to Holmes it would have been paid. We think that delay discharges the indorser.

The .preponderance of evidence is that the notice of protest received by Holmes on the eleventh was not sent to appellant till the fourteenth, which is also fatal.

We see no way to sustain the judgment, which must be reversed, with costs.

Dykman, J. concurs; Barnard, P. J., not sitting.

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Pratt, J.

Had the check been presented within five days from the time appellant paid it to Holmes it would have been paid. We think that delay discharges the indorser.

The .preponderance of evidence is that the notice of protest received by Holmes on the eleventh was not sent to appellant till the fourteenth, which is also fatal.

We see no way to sustain the judgment, which must be reversed, with costs.

Dykman, J. concurs; Barnard, P. J., not sitting.

Merchants National Bank of Poughkeepsie v. Parker, 12 N.Y. St. Rep. 558 (N.Y. Super. Ct. 1887).

Pincite

12 N.Y. St. Rep. 558 (Merchants National Bank of Poughkeepsie v. Parker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.