Ash v. Clark

The opinion of the court was delivered by

Mount, J.

This is an action to recover upon two checks issued by one James Clark in his life time, for $1,000 and $500 respectively. The complaint contains two causes of action, one upon each check, and alleges, substantially, that the checks were given by James Clark, deceased, to defendant Green, and by Green sold and delivered to plaintiff in due course of business; the failure of Clark to pay; his death; the appointment of defendant Charlotte Clark as executrix' and trustee; the presentation of the checks to her as such executrix and trustee, and…