Kelly v. Emary

Plaintiff’s cause of action was originally in two counts. Count I declared upon a check given to plaintiff by defendant, dated and delivered on March 7, 1947, in the sum of $2886, with protest fees of $2.25. Count II was dismissed at the close of plaintiff’s evidence, and no further attention need be given to it.

Defendant’s answer was in three divisions, but as Division II was directed to Count II of the petition it will be disregarded, and Division III will hereafter be referred-to as Division II. Division I admitted the making and delivery of the check, and that the check had'not been paid.…