Bank of Metropolis v. Jacobs

The plaintiff sues upon a bank check drawn by the defendant, bearing date December 15, 1875, whereby he requested the West Side Bank to pay to the order of S. Goldsmith on January 5, 1876, $438.77. Goldsmith indorsed the check and delivered it to the plaintiff.

The defendant, Jacobs, defends upon the ground that the check was not presented at the West Side Bank at maturity, and that notice of dishonor was not given to him as' drawer. The notary public, under his hand and official seal, certifies that said check “ was, on the 5th day of January, 1876, duly presented to the teller of the West…