Anderson v. Elem

The opinion of the court was delivered by

Burch, J.:

The action was one by an indorsee of a check to recover from the drawer. The plaintiff prevailed, and the defendant appeals.

*714The check was drawn on a bank in Wichita, was given in a transaction concluded at night, in Wichita, and the drawer stopped payment the next morning, before the bank opened for business. Payment was stopped because consideration of the check failed. The check was not presented for payment by the payee. He remained in Wichita for several days, and was accessible to the maker, who knew where he was, but who took no steps…