Royal Jewelers, Inc. v. Tanner & Victory Motor Express, Inc.

OPINION

By HORNBECK, PJ:

The appeal is prosecuted by the defendant-appellant, Victory Motor Express, Inc. The judgment under review was entered by the Municipal Court of the City of Dayton, Ohio, on behalf of the plaintiff and against defendant-appellant.

The cause of action was predicated upon a check drawn upon The Farmers Bank, New Lebanon, Ohio, the maker of which was defendant-appellant, payable to Maynard Tanner who endorsed the check to plaintiff. The Statement of Claim alleges that:

“Payment of said check was duly demanded at the bank upon which it was drawn at maturity but same was not…