Patchogue Bank v. Ambrose

In an action against the indorser of a demand promissory note, judgment for plaintiff reversed on the law and a new trial granted, with costs to abide the event. The note was made August 13, 1947. It was presented for payment on July 8, 1949. Assuming that it was to have been paid at the monthly rate of $236.11, there was default for the first three months of 1948, and payment thereafter of an unexplained large sum in July, 1948, with nothing at all paid thereafter during the period of one year to time of presentment. In the absence of circumstances showing diligence on the part of the holder…