
    Elias J. Adler et al., Respondents, v. Emily Levinson, Appellant.
    (Supreme Court, Appellate Term,
    December, 1909.)
    Negotiable instruments — Actions — Complaint — Demand, presentment and notice.
    A complaint, in an action against the maker of a check, which alleges that defendant upon presentment of the check refused payment, is good.
    Appeal by the defendant from an interlocutory judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, overruling a demurrer to the complaint.
    Isaac Levinson, for appellant.
    Respondent filing no brief.
   Lehman, J.

The plaintiffs in their complaint allege that the defendant gave the plaintiffs her check, payable at Joseph S. Marcus, banker, and that, “ when the said check was presented for payment, payment thereof was refused by the defendant herein.” The defendant demurred, on the ground that the complaint fails to state that notice of dishonor was given to the defendant. Ewald v. Faulhaber Stable Co., 55 Misc. Rep. 215. In this case, however, the plaintiffs allege that the defendant herself refused to pay. Section 185 of the Negotiable Instruments Law provides that notice of dishonor need not be given to the drawer, “ where the-drawer is the person to whom the instrument is presented for payment.”

The demurrer was, therefore, properly overruled; and the judgment must be affirmed, with costs, with leave to the defendant to answer within six days, upon payment of costs.

Giegerich and Goff, JJ., concur.

Judgment affirmed, with costs.  