Smith v. Hawkins

This action was commenced in a justice of peace court of Caddo county by the defendant in error, hereafter referred to as plaintiff, to recover the sum named in a check which plaintiff in error, hereafter referred to as defendant, had executed and delivered to plaintiff and then stopped payment thereon.

The plaintiff had judgment in the justice court, and the defendant appealed the cause to the district court, where she assumed the burden of proof and sought to avoid payment on the ground that the check had been executed under duress, and on the further ground that the contract had been…