Hawkins v. Costley

Plaintiff brought this suit against Frank D. Costley and Robert A. Davis on a check drawn by Costley to the order of Davis for $500, and indorsed by Davis to the order of plaintiff, the demand being for the face of the check, with legal interest thereon, and for $3.10 protest fees. Plaintiff alleges that he is the holder of the check in due course. The defense is that plaintiff is not a holder in due course, and that nothing is due on the check.

Preparatory to trial, at the instance of plaintiff, his evidence, as well as that of his only witness, was taken in Arkansas, under commission. When…