Gibbons v. Davis

On or about April 1, 1946, or earlier, the defendant delivered to the plaintiff a check, dated May 1, 1946, drawn on a Boston bank, and payable to the order of the plaintiff in the amount of $1,500. Either at the time the check was delivered or a few days later the plaintiff handed $1,000 in cash to the defendant. This is an action of contract for the amount of the check less a credit of a payment of $100. The answer contains a general denial, and sets up payment, partial failure of consideration, want of consideration, and the further defence that “said check was delivered by the defendant…