Mazukiewicz v. Hanover National Bank

Rich, J.:

It was conceded that the plaintiff had given no notice of protest or dishonor to the defendant, and the sole question raised by this appeal.relates to whether or not, under the circumstances disclosed by this record, the plaintiff is excused from failing to give such notice. (Neg. Inst. Law, § 185, subds. 4, 5.) There was some proof introduced tending to show that payment of the drafts had been stopped by defendant, but the learned trial court has correctly found that whether or not payment was stopped upon the drafts is immaterial in view of the fact that the defendant had no funds…