Appellate Terms of the Supreme Court of New York May 26, 1916 (Rosenberg v. Segall)

COHALAN, J.

Plaintiffs sued the defendant upon a promissory note made by the defendant, Rubin M. Segall, payable to the order of one B. Segall, and indorsed by him to the plaintiffs. The defense is payment. The note fell due on September 23, 1916, and at about 1 p. m. on that day it was presented at the defendant’s place of business for payment, and was not paid.