Gaskins v. Duke

PEDEN, Justice.

Plaintiffs appeal from the granting of a summary judgment in favor of the defendant in a suit on a check.

Plaintiffs’ petition alleged that on or about November 16, 1970 the defendant had executed and delivered to them his check for $1000, thereby promising to pay that amount to their order. That defendant has failed to pay the check when it was presented for payment and still refuses to do so. Also that plaintiffs are the owners of the check and have agreed to pay a reasonable attorney’s fee of $500 for filing this suit. The plaintiffs prayed for judgment for $1000 plus an…