Prather-Wolfe Mercantile Co. v. Carnes

The opinion of the court was delivered by

Burch, J.:

The action was one by the indorsee of a check to recover from the maker. The verdict was for plaintiff, and a motion for new trial was filed. The term of office of the district judge who presided at the trial expired, and the hearing on the motion was before his successor. The motion was sustained, and plaintiff appeals.

The check purported to be the check of John Carnes to Frank Carnes. Frank Carnes indorsed and delivered the check to plaintiff, but John Carnes stopped payment before the check could be presented. The maker’s name was signed…