Merchants National Bank of Poughkeepsie v. Parker

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.