Wait v. Wenks

Appellant, E. P. Wait, a hanker, September 10, 1910, sued appellee, W. H. Wenks, on a promissory note of $1,000 dated February 19,1907, due one day after date. Two payments had been made and indorsed on the note, and appellee claimed that on the morning of January 23, 1909, he handed appellant, at the door of the bank, the check of one John Eckhardt for $390.23, drawn on appellant’s bank in favor of appellee and by him indorsed in blank, with directions to apply said check on the payment of the note sued on. This appellant denied, and whether said check was turned in to the bank as part…