Outcault v. Wee

Action by the payee and holder of a dishonored check against the makers. There was a verdict for plaintiff, and defendant Wee (his codefendant, Smith, who signed the check as his agent, not having been served) appeals from an order denying his alternative motion for judgment or a new trial.

The check for $162 was drawn tó the order of plaintiff on the American State Bank of De Smet, Smith Dakota, under date of December 17, 1925. The complaint did not indicate that it Avas antedated or that it was delivered at a time later than that indicated by its date. The sole defense was the alleged…