PATCHOGUE BANK v. AMBROSE


278 A.D. 582 (1951)

Patchogue Bank, Respondent, v. Dominick J. Ambrose, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1951.


The note was made August 13, 1947. It was presented for payment on July 8, 1949. Assuming that it was to have been paid at the monthly rate of $236.11, there was default for the first three months of 1948, and payment thereafter of an unexplained large sum in July, 1948, with nothing at all paid thereafter during the period of one year to time of presentment. In the absence of circumstances showing diligence on the part of the holder and a fair opportunity to the indorser...

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