Montague v. Womble

As stated in the complaint, the cause of action rests solely on: (1) the execution and delivery of a check for $5,-000.00; and (2) the failure of the check to clear the bank when presented. The complaint does not allege the check was based on any valuable consideration, or in discharge of any debt or obligation the defendant owed the plaintiffs.

The defendant did not challenge the sufficiency of the complaint to state a cause of action in the Superior Court; nor does he do so here. He does allege, however, (1) the check was without consideration; (2) that he is not justly indebted to the…