Kremer v. Smith

Plaintiff sued defendant in assumpsit to recover on three checks drawn, one on the American State Bank and two on the Detroit Savings Bank of Detroit, for the aggregate sum of $575. The payment of these checks was refused by these banks on account of “insufficient funds.” Defendant pleaded the general issue and gave notice of set-off and recoupment. After both parties rested each requested a directed verdict in his behalf. The trial court directed a verdict for the defendant on the ground that plaintiff had failed to establish his claims with sufficient certainty.

The proofs disclosed that…