Fulmer v. Baber

We will first consider whether the trial judge erred in striking the defendant’s answers. The answers alleged that the parties agreed to hold the checks and not present them to the bank until the books had been audited and the exact figure of the purchase had been ascertained. Delivery of an instrument may be conditional. “ ‘As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and in such case…