Community Bank v. Ell

This is an action to recover on four checks totaling $78,610. Plaintiff, Community Bank, is the holder of the checks, which were drawn by defendant Ell. The checks were drawn to the order of R. L. Jones and were deposited by Jones in his checking account at the Community Bank. Community presented the checks to Ell’s bank for payment. In the meantime, however, Ell had stopped payment on the checks and his bank returned them upaid to Community. This action followed.

Defendant Ell admitted the issuance of the checks and admitted having stopped payment on them. He contended, however, that he had a…