McKinley v. Wainstein

Opinion by

Gawthrop, J.,

This was an action of -assumpsit by the endorsee of a check against the maker thereof. When the case was here before, at April Term, 1920, on appeal by the defendant from the judgment against him on the verdict directed for plaintiff, a new trial was awarded for the sole reason that the trial judge erred in excluding defendant’s offer to prove the entire transaction between himself and the payee, which resulted in the execution and delivery of the check; that the check had been procured from him by the payee by false and fraudulent representations, and further, that the…