American State Bank v. Richendifer

The sole issue on appeal is whether the trial court erred in sustaining plaintiffs demurrer to defendant’s affirmative defenses.

Plaintiff’s amended complaint alleged: (1) that on September 9, 1976, defendant made and delivered to one Jack Diamond a check in the amount of $760; (2) that plaintiff took the check from Diamond for value, in good faith and without notice of any defenses against it; (3) by reason thereof plaintiff was a holder in due course; and (4) that said check was dishonored for lack of funds by defendant’s bank. Defendant answered by: (1) admitting the making and delivery of…