Cellars v. Dwinnell

Plaintiff brought this action to recover the face value of a cheek drawn by defendant on the First National Bank of Winifred, Montana, payable to J. C. Gossett and by the latter indorsed and delivered to plaintiff, for value. By appropriate pleadings the issue was presented as to whether the check had been paid and discharged by reason of the delay of plaintiff in presenting the check for payment and in giving notice of dishonor and nonpayment. The cause was tried to the court without a jury. Judgment was entered for plaintiff and defendant appealed.

The only question presented by the appeal…