Foss v. Sherwood

The plaintiff seeks to recover the amount of two checks given by defendant to W. H. Isham October 29, 1929, one for $400 and the other for $500, and interest. Both checks are payable to the order of Isham, were indorsed by him, and duly became the property of the plaintiff. Bach check contains the provision, “Not to be cashed before Dec. 1, 1929.” The defendant claims, and her only defense is, that these checks were in effect paid by another check for $900 which she gave Isham December 4, 1929 (three days after the other became payable), which she eventually paid.

It appeared without dispute…