Mathews v. Cowan

This was an action on the case, with a count in trover, brought by the appellants against the appellees, for the conversion of three hundred barrels of flour delivered to the latter by the former, December 3d, 1870, as upon a sale for-cash, but not paid for, the appellees having given therefor a check for $1473, on the Manufacturers’ National Bank of Chicago, which check was dishonored, and by reason of such dishonor, and tlie insolvency of the appellees, the flour being lost to appellants.

The special count in the declaration alleges, in substance, that on the 3d day of December, 1870, the…