First Nat. Bank of Hazard's Receiver v. Hignite

Opinion of the Court by

Hobson, Commissioner

Reversing.

The First National Bank, by its receiver, brought this action to recover against James Hignite on a check for $1,000, drawn on November 2, 1925, on the Winchester bank, and cashed on that day by the Hazard bank, and not paid by the Winchester bank for lack of funds to the credit of Hignite. Hignite filed an answer pleading, in substance, that the check was without consideration; that its execution and delivery were simply for the accommodation of the bank, and that the bank agreed with him that the check was not to be presented to the bank…