Scott v. Meeker

Bockes, J:

The facts of this case material to be noted are as follows : The defendant was indebted to the plaintiff on a promissory note for $55.13, made by the former to the latter; for this indebtedness the defendant sent to the plaintiff his check on the Delaware National Bank at Delhi; N. Y., and the note was surrendered and delivered np to the defendant; the check was forwarded to the plaintiff by mail, and was received by the latter in the evening ; on the following morning it was inadvertently and by accident burned up and thus destroyed ; the plaintiff informed the defendant of the…