Crane v. Dexter Horton & Co.

The opinion of the court was delivered by

Stiles, J.

The respondent bank had upon it the burden of showing that the check for S600, which it had paid as the genuine check of the appellant, was in fact his check. The payee of the check, a married woman, was called as a witness and testified to the fact that the check was signed by appellant in her presence, and immediately delivered to her. The check was not payable until six months after its date; at the end of that time she presented it and received the amount it called for from the respondent.

Some questions were asked her about the amount of…