Glass v. Childs

Bussell; J.

Glass brought suit against Childs upon a note and a check. Childs admitted the execution of both instruments. He admitted a refusal to pay the check, and that the -bank upon which the check was drawn had not paid' it upon presentation. He set up two defenses: One was that the note and the check were without consideration; that at the time he gave the note he had forgotten, or was uncertain, whether he had paid the plaintiff what he owed» hinij- and, not - being willing to swear that lie had paid him, he executed the papers in question, but thereafter he found a bank check which he…