Ellis J. Gomez & Co. v. Hartwell

The action is brought on a check for five hundred dollars drawn by the defendant and payable to the order of the plaintiffs. Trial was by jury with verdict and judgment for the plaintiffs. The execution of the cheek was conceded, and, having been admitted in evidence, the plaintiffs rested. The defense relied upon was a conditional delivery of the check and consequent failure of consideration. The- case is here on exceptions saved by the defendant.

There was evidence tending to show the following facts: The defendant, who resides in Northfield, Vermont, F. S. Dyke, also of Northfield, and Dr.…