Osburn v. Lucas

This is an action at law for payment of a $6,000 check. Defendant pleaded affirmative defenses, including allegations that when the check was delivered it was agreed that it would not be presented for payment by plaintiff until authorized by defendant and that plaintiff later released defendant from any such obligation.

After a jury verdict and judgment in favor of defendant, plaintiff appeals. Plaintiff’s primary contention is that the trial court erred in failing to sustain plaintiff’s objection to defendant’s testimony that at the time the cheek was delivered it was orally agreed that it…