Fick v. Jones

Plaintiff brought this action on a check, drawn by defendant J. Will Jones, in words and figures as follows:

“Founded

“Peoples Bank and Trust Company 1889

Seattle, Wash., Feb. 18th, 1929

No. 3227

“Pay to the order of E. P. Fick, $200.00

“Two Hundred Dollars J. W. Jones.”

From judgment for plaintiff, defendants appeal.

It was neither alleged nor proven that the cheek was ever presented to the bank for payment. On the contrary, the trial court found that it had not been. It was found, however, that respondent presented the check to the appellants, who refused to pay it. (This so-called presentment was…