McDaniel v. Mackey

(After stating the foregoing facts.) It will be noted that the petition does not allege that the drawer of the check had the money in the bank to meet it had it been presented for payment in due time; and there is no obligation on the plaintiff so to allege, as this is a matter of defense. This being true, there is nothing on the face of the pleadings to show that the drawer sustained any loss because of the delay, or that the delay was the cause of the nonpayment. If the drawer of the check did not have the funds in the bank during the time between the giving of the check and the closing of…