Bohmfalk v. Linwood

HOWELL, Justice.

Plaintiff, Algie Linwood (Holder), sued defendant, Chris Bohmfalk (Maker), for payment of a $2,980 check upon which Maker had stopped payment. Maker contended that Holder won the check in a gambling transaction and, therefore, was not a holder in due course. After a non-jury trial, the court concluded that Holder did not win the check in a gambling transaction, and gave judgment for Holder. In one of Maker’s points of error, Maker contends that the trial court erred in excluding the deposition testimony of one of Maker’s witnesses. We agree, and reverse the trial court’s…