Ellenbogen v. State Bank

Plaintiff sued to recover $1,650 on a draft drawn by defendant to the order of plaintiff’s agent upon the Polish National Loan Bank, Lublin, for the equivalent in Polish money of that sum. The complaint alleges that the check was duly presented to the bank at Lublin, that payment was duly demanded, and the bank refused payment for the reason that the defendant had no moneys on deposit in the bank with which to pay the check.

The trial court dismissed the complaint because it was not pleaded that the draft was protested, citing section 260 of the Negotiable Instruments Law, which provides that…