Asbury v. Taube

*143Opinion op ti-ie Court by

William Rogers Clay, Commissioner

Affirming.

Plaintiff, George Taube, brought this action against G. S. Asbury, the Farmers Bank of Petersburg, Kentucky, and S. Straus, to recover on a check for $200 drawn by Asbury on the Farmers Bank and made payable to S. Straus. Straus was not before the eourt. The Farmers Bank paid the amount of the check into court, where it is now held pending the final determination of this suit. The defendant, Asbury, pleaded that the check was obtained from him by fraud, and that jilaintiff, Taube, not only had knowledge thereof, but that he…