
    THE COMMERCIAL BANK OF KENTUCKY, Appellant, v. JOSEPH B. VARNUM, Respondent.
    
      Notary public — MaMlity of — duties of — protest.
    A notary, to whom a draft is given for protest, is bound to follow the instructions given him ; it is not his duty to determine whether or not the draft should be protested on a certain day. He is not guilty of negligence in proceeding according to the instructions of the bank giving him the draft to protest, and is not, therefore, liable to any person for any damage resulting from the presentation of the draft on the wrong day. (Commercial Bank of Kentucky v. Vdmum, 49 N. Y., 269.)
    Appeal from a judgment in favor of the defendant, rendered by the court without a jury.
    
      John L. Hill, for the appellant. Hmry E. Davies and James E. Varnum, for the respondent.
   Opinion by

Brady, J.

Daniels, J., concurred.

Judgment affirmed.  