Respond to the following case using the IRAC format.

Mark Alito, the defendant, received a check drawn on Exchange Savings Bank, the plaintiff. Alito endorsed the check and received payment from his bank. His bank sent the check for collection to Exchange Savings Bank, and the check was honored. Several days later, Exchange Savings Bank discovered that the drawer of the check did not have an account and that it had mistakenly charged the check to another of its customers. Exchange Savings Bank then sought to recover from Alito as an endorser. Alito contended that the check had not been dishonored within the time allowed by law. Is Alito liable as an endorser? [Exchange Savings Bank. v. Alito, 924 P.2d 183 (N.M.App. 2008)]*