Sasner v. Ornsten

This is an action by plaintiff against defendant on three checks executed by the latter, two being made payable to one Lou Stein and the third to “Cash” and delivered to Stein. The uncontroverted evidence showed that the checks were given by Ornsten to Stein in payment of gambling debts. The evidence further showed that Stein endorsed the cheeks and negotiated the same to plaintiff, who instituted this action to recover the amount of said checks in the total sum of $5,014.

By his answer defendant alleged that plaintiff was not a holder in due course of the cheeks in that he received the same…