Hartford Accident & Indem Co. v. Morgan

*566OPINION

By MATTHEWS, J.

There is no conflict in Ohio or elsewhere that the giving of his check by a' debtor is not, in the absence of an express or implied agreement, a payment or discharge of the debt. 31 O. Jur., 184. Payment is, of course, an affirmative defense. No such defense was alleged and the evidence has no tendency to prove either an express or an implied agreement to accept the check as payment. It is clear that Doran & Company still owe Felix Morgan the net amount realized by the sale of his hogs by them as his market agency as defined in the Packers & Stockyards Act. The retention…