Fick v. Jones

(dissenting) — As stated in the majority opinion, respondent sued upon the check referred to therein. Appellants did not demur to the complaint, but answered, admitting the execution and delivery of the check February 18, 1929, and that the check was presented to appellant J. Will Jones during the month of July, 1933, and payment thereof demanded, such payment having then been refused. By way of an affirmative defense, appellants pleaded payment of the “check and the debt evidenced thereby.”

Upon the trial, the check was offered in evidence and received without objection, respondent’s evidence…