Pavilis v. Farmers Union Livestock Commission

This is an action brought to recover upon an instrument alleged to be a check transferred to plaintiff for value by one C. Hoard who was named as payee therein. Defendant interposed an answer alleging, first, that plaintiff was not a holder of the check in due course, and second, that the instrument having been signed in blank by the defendant and having been stolen from its possession prior to delivery had no legal inception or existence as a check. The court made findings in favor of the plaintiff and from the judgment entered thereon defendant has appealed.

The case was submitted upon an…