Appellate Division of the Supreme Court of the State of New York February 28, 1908 (Jurgens v. Wichmann)

Gaynoe, J.:

This is an action by the holder of a check on a bank against the maker and payee. The former did not answer. The latter, appeals. The payee endorsed the note to the plaintiff. The first point made is that there ivas no evidence that the check was presented 'for payment and payment refused. There was no issue-on that head.