Moore v. Mettauer

• COMBS, Justice.

Appellants were defendants and appellee plaintiff in the court below, and we will so designate the parties. On September 23, 1927, plaintiff, Mettauer, executed and gave to B. F. Moore a check drawn on the ■defendant Lufkin National Bank for $500. About ten days later Mr. Moore reported to Mr. Mettauer than he had lost or misplaced the check, and requested Mr. Met-tauer to give him another one for a like amount. Knowing Mr. Moore to be reliable, Mettauer gave him another check; the second check being drawn on the Chi- reno State Bank. That check was presented and paid. About…