Nunis v. Wood

LIVINGSTON, Justice.

The one count in the complaint claimed $2,250, with interest, due from defendant on account o.f a check drawn by defendant on the First National Bank of Birmingham, Alabama, Woodlawn Branch, and payable to the plaintiff, which check was duly presented and payment thereof refused. The defendant interposed a plea of the general issue in short by consent, etc., relying mainly on a failure of consideration.

The trial was had before the court without the aid of a jury and resulted in a judgment for the plaintiff for the amount sued for, and defendant appealed.

The following facts…