Iannuzzo v. Thomas

Hoban, P. J.,

The action is assumpsit to recover the face amount of a check drawn by defendant, upon which payment was stopped. The *407statement of claim sets forth the giving of the check by plaintiff to the order of “Lew’s Garage”, drawn on the Old Forge Discount & Deposit Bank, on January 5, 1945, the presentation to the bank and the protesting of the check by reason of “payment stopped”. The affidavit of defense pleaded failure of consideration and defendant counterclaimed for the cost of further repairs to his truck alleged to be caused by the original inefficient workmanship and neglect of…