Tomlin v. Thornton

Lumpkin, Justice.

1. The general rule of law announced in the first headnote is well settled. It is very clearly expressed in 2 Daniel on Negotiable Instruments (1th ed.), §1590, as follows : “A failure of the bank or banker who is drawee of *586the check, and who held on deposit a fund to meet it, which is thereby lost, presents the usual, if not the only, case in which delay of the holder in making presentment, or giving notice of dishonor, devolves loss upon him. But it is by no means an infrequent case, and therefore important to be considered. If at the time the check was delivered to the…