Mc Kay v. Brink

This is an action on a check for $463.68, dated October 27, 1931, and payable to William M. Fieldsend. On trial of the issues the court made findings and conclusions of law in favor of the plaintiff. From the judgment and order -denying motion for new trial defendant has appealed.

William M. Fieldsend, to- whom the check was made payable, died testate, and plaintiff, as the executrix o-f his estate, brought this action to recover the balance due upon the check. ■ It is alleged in the complaint that at the time of the execution and delivery of the check -the defendant requested the payee to…