Turner Elkhorn Coal Company v. Smith

Opinion of the Court by

Commissioner Hobson\

Reversing.

The Turner Elkhorn Coal 'Company brought this suit against T. W. Smith, alleging in their petition that he liad theretofore agreed to construct a siding for them by contract and had employed the persons named to work for him under the contract and delivered to them checks in payment of their wages. The bank named in the checks had failed to pay the checks for lack of funds and the workmen were asserting a lien upon their property, and to avoid this the plaintiffs paid -the checks to the workmen, amounting to $711.17, and they also paid…