McDaniel v. Miller

TIREY, Justice.

This suit, non-jury, is one for debt. Plaintiff grounded his cause of action on a check executed and delivered by the defendant to plaintiff on the 16th day of December, 1953, payable to plaintiff in the sum of $2,463.00, the check having been drawn on the Cleburne National Bank, and which check was duly presented to the bank for payment, and payment was refused. Plaintiff admitted that the face amount of the check had been reduced by credits totalling approximately $800, and asked judgment for the balance with interest, plus attorney’s fees. Defendant filed a general denial…