Moak v. Stevens

This is an action brought to recover on a check dated September 5, 1901, made by Ezra G. Benedict, defendant’s testator, which is as follows:

“ No. 2144 Ezra G. Benedict

Albany, N. Y., September 5, 1901.

“ Pay to the order of Harris Moak “ Ten* Thousand Dollars Dollars

“ To The Chase National Bank “ of New Yoek “ $10,000.00/100

E. G. Benedict.”

*148It is claimed by the plaintiff that the check was delivered on the day of its date. Ezra Gf. Benedict died, November 20, 1902. The check was not presented for payment until December 1, 1902, when payment was refused and the same was protested.

The defendant…